Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, May 10, 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 May 10, 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, Roger Paetzell, Melissa Elias, Helen Kaar, Mary Sue Salko and Chris Tomlin ALSO PRESENT: Gary Hall, ZBA Attorney EXCUSED: Diane Driscoll and Tim Fitzsimmons 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular Meeting of April 12, 2018 The minutes were distributed to all Board members prior to this meeting for their review. There were a few corrections made. A voice vote of aye was heard from all eligible voting Board members in approval of the corrected minutes. 6. RESOLUTIONS FOR MEMORIALIZATION – The Resolutions were distributed to all Board members prior to this meeting for their review. Several corrections were made to two of the Resolutions. CASE NO. Z 17-035 Resolution granting variance application to MaryAnn Artigliere, Block: 1001, Lot: 40, 100 Central Avenue 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. CASE NO. Z 17-038 Resolution granting variance application to Jonathan & Lauren Kozy, Block: 4601, Lot: 16, 32 Park Lane 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 ZBA Regular Meeting 5-10-18 Page 1 Impervious Lot Coverage, Moderate Slope (15.0% to 24.99%) Disturbance and Critical Slope (25.0% & Greater) Disturbance. CASE NO. Z. 15-028 Resolution granting Daniel O’Brien, Block: 1004, Lot: 20, 134 Greenwood Avenue 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. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – 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. This application was started, but not concluded, at the April 12, 2018 meeting of the Zoning Board of Adjustment. At the request of the applicant this application will be carried to the June 14, 2018 Zoning Board of Adjustment meeting. 9. NEW BUSINESS – 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 of Fence. David Stern was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew dated 8/21/17 A – 1 Location Survey prepared by Ronald Afling, dated 3-14-17 revised 6-19-17 Mr. Stern explained his love for Madison and would like more greenery in the rear yard. Some work had been done without permits and he apologized for that error. The applicant wants to replace the existing pergola which will increase the building coverage. This pergola did exist when the applicant purchased the house. The sideyard setback variance is being requested, along with the impervious lot coverage and maximum height and type of fence. The fence was permitted prior to this application, however, he wants a small section changed which is not to in conformance with the Borough Ordinance. He wants to change the section from 4 feet to 6 feet for privacy. The applicant believes that the work he is requesting will enhance his property and the view to his neighbors. ZBA Regular Meeting 5-10-18 Page 2 A – 2 Handout from Applicant with 4 photos Mr. Stern continued explaining exhibit A – 2 Section A - which shows the new slate patio, B - two rain gardens and on the next exhibit, C – picture of patio, and other changes will replace an open structure with a roof, D- show back patio and fire pit which blends in very well with the rear yard, E- is the fence line showing the 4 foot section and 6 foot section. Mr. Stern is attempting to screen his yard from the neighbors window which has a view to his yard. Mr. Stern pointed out Section E which shows water drains. Ms. Salko had an issue with the numbers, however, Mr. Stern explained why he is placing the patio and other items where he has indicated on his plans. He stated he conferred with landscapers and they approved the layout which is being discussed in this application. The amount of coverage is the main issue, it is 29.6% and it should be 25%. Mr. Hall stated there is no hardship or benefit to the public. Mr. Santoro explained to Mr. Stern the Board’s reasoning. Mr. Hall asked when was the fence was built, and Mr. Stern stated in 2013. Mr. Santoro continued by explaining how many times fences are approved and he asked Mr. Stern if he could add some landscaping to enhance the fence. He stated the Board is focusing on the amount of coverage. Ms. Kaar suggested the applicant remove the circular part of the driveway to decrease the impervious coverage. The public was now given the opportunity to ask questions of the applicant as follows: Thomas Fountain, 86 Noe, stated he has issues with the fence, cuts down on his sight lines. Ms. Kaar, Mr. Tomlin and Ms. Elias requested a trade-off for what the applicant is requesting. Mr. Santoro suggested the applicant return at the next meeting June 14th, with a reduction in the impervious coverage. 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. Nino Coviello, Attorney representing Christine Boyle was sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew, dated 2/26/18 A – 1 Plans dated prepared by ASA Architectural Design, LLC, dated 2/17/18 rev. 2/22/18 A – 2 Survey dated 11-17-70 Mr. Coviello reviewed the application and stated the family is growing and needs additional space. He reviewed each variance individually. Marjorie Roller, Architect/Planner of ASA Architectural Design was sworn in and began by reviewing the plans which were submitted. The home was built in 1953 in a neighborhood of similar homes which were converted into two family homes. A family room was added in 1986, the coverage has not changed since that date. The applicant proposes 3 bedrooms on the second floor. Presently the second floor has no room to do so. She continued by reviewing the variance for the covered porch which will enhance the streetscape. The sideyard variance is being requested for the garage which will aesthetically be pleasing along with the addition, especially the roofline. Utilizing the extra space over the rear would be too obtrusive. The lot coverage was reduced by removing the paver patio and building a deck. A – 3 Photo Board prepared by ASA Architectural Design, LLC ZBA Regular Meeting 5-10-18 Page 3 Ms. Roller reviewed the Board photos which includes a tax map. The property abuts a park in the rear. The neighborhood has a mix of different type homes. The applicant’s property is flat, allowing the deck to be 24 inches in height. The coverage is being increased by the porch. Stormwater Management is in the form of some existing drains, so the water has to be sent to the storm sewers which could be approved by the Borough Engineer. The leaders and drains could be installed underground. There being no further testimony from the applicant or the Board, the public was given the opportunity to ask questions or make comments. The Board now will deliberate. The consensus of the Board is to approve the application with the condition that Stormwater Management be formulated with the approval of the Borough Engineer. 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, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr.Tomlin Russell Stern, Borough Planning Consultant took his seat with the Board. 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, Non- 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. Gary Hayden, Attorney opened the application and reviewed the witnesses who will testify. He stated that a small part of the garage is in violation of the setback. B–1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew, dated 2-21-17 B–2 Memo prepared by Russell Stern, Planning Consultant, dated 5-2-18 A–1 Survey prepared by Alfred Steward dated 11-7-15 A–2 Grading Plan prepared by Alfred Steward, 2 sheets, rev. 3-27-18 A–3 Landscape Plan dated 4-3-18, prepared by Gary Sinegra Mr. Steward was sworn in and gave his credentials and was accepted by the Board as a qualified witness. He then began by reviewing the A – 2 Exhibit showing what presently exists and what is being proposed. He stated the grading in the rear yard is a concern. The plan depicts the present contour and also the proposed contour. He continued by explaining how the present contour was attained and stated the wall as it currently exists, is defective. The wall will be re-engineered and constructed with the proper parameters to correct the defects. The Borough Engineer will be involved with this process. A – 4 Photo package with 15 photos Rohan Tucker was sworn in and he reviewed Exhibit A-4, 15 photos of the property from different views. The shed and gazebo on the property has been removed. Mr. Santoro stated that several items that were part of the previous application were not performed. He requested that the applicant have a Stormwater Management Plan, near the wall and steps. The applicant indicated that he will work with the Borough Engineer to insure all tasks are performed up to Borough Code. Mr. Hayden stated a separate Engineering Plan will be submitted for the wall and submitted for review by the Borough Engineer. Russell Stern began by explaining what the Borough expects for the landscaping on the property. He stated it should include varietal plants and trees for screening, both the front and rear of the property should be addressed and submitted to the Borough for approval. ZBA Regular Meeting 5-10-18 Page 4 A discussion took place with regards to the removal of a tree on the property, there will be replacement trees installed. Mr. Hayden believes the applicant will utilize an irrigation system. Mr. Stern stated the landscaping should be completed before the Certificate of Occupancy is received. Ms. Elias asked if all the changes that are being requested affect the variances that are being requested. There being no further testimony, the public was given the opportunity to ask questions as follows: Vito Terranova, 156 Rosedale Avenue was concerned with the two foot drop off on his side yard. He is concerned with the wall and the area near his home. Russell Stern believes his issue will be addressed by the Borough Engineer. Frank Ghio, 142 Rosedale Avenue has an issue with the time, 3 years in the making, he is concerned with the construction. He wants a timeline as to when it will be finished. The applicant stated he would like all of the issues completed by the end of the summer. Douglas Takitani, 64 Sherwood Avenue is concerned with the noise issue from Route 24 and would like some landscaping to help with this issue. Gerry Sinegra, Jr. Landscape Architect, gave his qualifications and was accepted as a qualified witness. He continued by reviewing A – 3 Landscape Plan. He actually reviewed each species and the number which will be installed. The public portion was closed and the Board began their deliberation. A motion to approve the application as presented was made by Mrs. DeRosa and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr.Tomlin 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 Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Gary Hayden, Attorney representing Ladd Properties, LLC reviewed the application and what the applicant is planning. He stated the lot is exceedingly small which requires several variances. He reviewed the variances which are being requested. The existing dwelling will be removed. Mr. Hayden named the professionals that will testify. Mr. Don Alecci, was sworn in and began by describing the type of dwelling which is planned. He explained that the existing dwelling is in disrepair, the wood is rotten and it will be removed down to the foundation. The foundation will be changed in the rear by removing it and rebuilding it smaller, and slide it over slightly. Mark Gimigliano, Engineer, was sworn in and the following exhibits were marked: B–1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew, dated 2-12-18 A–1 Survey, prepared by Lakeland Surveying, dated 4-26-17 A–2 Plot Plan, dated 2-5-18 A–3 Architectural Plans, 4 sheets prepared by Robert Coleman, dated 2-4-18, rev . 2-12/18 ZBA Regular Meeting 5-10-18 Page 5 A – 4 Existing Conditions Exhibit, colorized A – 5 Plot Plan Exhibit, dated 2-5-18 Mr. Gimigliano began by describing the Plot Plan and stated the foundation needs reconstruction. The rear foundation will be removed and rebuilt. A two story home will be constructed on the existing footprint. Several trees will be removed. The water, sewer and utilities that exist will be utilized. A Impervious coverage variance is being requested. The lot is significantly undersized which is causing the variances. Four hundred thirty seven sf of impervious coverage is being added. Two drywells are being proposed on site. The brick wall at the rear of the property will remain, its purpose is ornamental. The garage slab is in good shape. John Leoncavallo, Professional Planner, gave his qualifications and was accepted as a qualified professional He was sworn in and began by reviewing the variances which are being requested. He explained the positive criteria of this application. The neighborhood is very nice, consisting of ranches, split levels and one two family home. He believes the design is an excellent, the house fits on the lot. He believes the Borough has tremendous character and stated the architecture is tastefully done and will blend into the neighborhood. A – 6 Colored handout – Aerial and Lot Area, 5 Laurel Way Mr. Leoncavallo reviewed the Exhibit A – 6 which shows the majority of the lots are undersized in this area. He continued by stating the zoning in the area is not consistent. The only increase is the pre-existing, non- conforming use in impervious coverage. He discussed the stormwater management. A discussion took place between the Board and applicant regarding the distance of the condenser/generator to the home. Mr. Hayden stated he would request a variance this evening for the distance. Screening would be appropriate to hide the equipment. Mrs. Elias questioned the zoning pending for side facing garages in the R-1 Zone. The applicant testimony is now complete. There being no public questions, or further testimony, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the variance required for the 3 AC units and the screening. A motion to approve the application was heard and a roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr.Tomlin CASE NO. Z 18-006 Gina Dewar Block: 1101, Lot: 31 14 Sayre Court Applicant is seeking permission to construct a Cantilevered (Front) 2nd Story, Front Portico in an R-3 (Single- Family Residential) Zone requiring relief from Minimum Front Yard Setback (Sayre Court), Minimum Rear Yard Setback and Maximum Principal Building Coverage. This application will be carried to the next regular meeting on June 14, 2018. CASE NO. Z 18-009 Jessica Van Tassell Block: 1001, Lot: 64 17 Fairview Avenue Applicant is seeking to the Removal and Reconstruction of Existing Open Front Porch Roof, Removal and Reconstruction of Existing 1 Story Side Portion of Existing Dwelling, Removal and Reconstruction of Existing Rear Sunroom, Removal of Existing Rear Paver Block Patio, Construction of New Rear Paver Block Patio with Walkway to Existing Detached Garage in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Side Yard Setback (Left). This application will be carried to the next regular meeting on June 14, 2018. ZBA Regular Meeting 5-10-18 Page 6 Case No. Z 12-014 Sanjai & Renu Narain Block: 3001, Lot: 49 4 Carteret Court Applicant is seeking One Year Extension of Approval for Variances Approval granted by Resolution which was adopted on July 12, 2012 to authorize construction of a 1 Story Rear Addition in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Two One- Year extensions have been previously granted; Applicant now requests a further one year extension. Mr. Santoro stated that the application dates back to 2012 and he is present to apply for a One Year Extension. He wrote a letter to the Board dated May 7, 2018 with this request. Mr. Narain was in Washington, D.C. on business for the past few years. He still wants to construct the addition which he applied for on July 12, 2012. Mr. Santoro asked if the Board had any questions. Mrs. DeRosa wants insurance that the applicant will do the work. A motion to grant a one year extension was approved by a motion made by Dr. Paetzell and seconded by Mr. Tomlin. CASE NO. Z 18-010 Robert & Renee Hauserman Block: 1004, Lot: 21 130 Greenwood Avenue Applicants are seeking permission to construct a Detached (2) Car Garage in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Floor Area Accessory Structure, Maximum Height of Accessory Structure and Minimum Side Yard Setback Accessory Structure. Due to insufficient noticing this application will be carried to the June 14, 2018 Zoning Board of Adjustment Agenda. CASE NO. Z 18-011 Suzanne & Michael Fee Block: 3601, Lot: 9 29 Vinton Road Applicants are seeking permission to construct a Brick Paver Patio with knee Wall and Walkway, Connection of Existing Principal Building and Existing Detached Garage Downspouts to Municipal Inlet at the Westerly Corner of Wilson Lane and Vinton Road Intersection, Removal of Existing Driveway/Installation of Topsoil, Seed and Mulch and Full Height Curb, Removal of Existing Vinton Road facing Garage Doors, Installation of Garage Doors Facing Wilson Lane with Driveway and Drop Curb, Removal of (5) Five Existing Trees within Wilson Lane Right of Way Garage in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. This application will be carried to the next regular meeting on June 14, 2018. CASE NO. Z 18-012 Phillip Gibbs Block: 4310, Lot: 9 5 Rachael Avenue Applicant is seeking permission to remove Existing Rear Enclosed Porch and Concrete Area and Construct a Rear Sunroom and Deck in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. This application will be carried to the next regular meeting on June 14, 2018. 10. OTHER BUSINESS – There was no Other Business. ZBA Regular Meeting 5-10-18 Page 7   Finalization of Annual Report The Board discussed the Annual Report and Mr. Hall will prepare a Draft Resolution for the Board to review and vote on at the next regular meeting in June. The Board agreed upon a Special Meeting in June and a date will be discussed at the Regular Meeting on June 14, 2018. 11. ADJOURNMENT: The meeting was adjourned at 10:52 with no motions. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 5-10-18 Page 8