Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, June 28, 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 special meeting of the Borough of Madison Zoning Board of Adjustment was held on June 28, 2018 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building located at 50 Kings Road, Madison, N.J. Joseph Santoro, Chairperson 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 regular meeting of the Board, held on June 14, 2018, the Board, by resolution scheduled a special meeting for June 28, 2018. It 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, Diane Driscoll, Roger Paetzell, Melissa Elias, Helen Kaar, Chris Tomlin and Timothy Fitzsimmons ALSO PRESENT: Gary Hall, ZBA Attorney EXCUSED: Mary Sue Salko 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular Meeting of June 14, 2018 The minutes were distributed to all Board members for their review prior to this meeting. 6. RESOLUTIONS FOR MEMORIALIZATION – The Resolutions were distributed to all Board members for their review prior to this meeting. CASE NO. Z 18-006 Resolution granting variance application to Gina Dewar, Block: 1101, Lot: 31, 14 Sayre Court 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. No additions or corrections. Aye was heard from all eligible voting Board members in approval as presented. CASE NO. Z 18-009 Resolution granting variance application to Jessica Van Tassell, Block: 1001, Lot: 64, 17 Fairview Avenue for 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). No additions or corrections. Aye was heard from all eligible voting Board members in approval as presented. CASE NO. Z 18-012 Resolution granting variance application to Phillip Gibbs, Block: 4310, Lot: 9, 5 Rachael Avenue 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. Aye was heard from all eligible voting Board members in approval as corrected. ZBA Special Meeting 6-28-18 Page 1 CASE NO. Z 18-014 Resolution granting variance application to William & Victoria Heskett, Block: 4805, Lot: 4, 66 Union Hill Road to construct a 2nd Story Addition in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Aye was heard from all eligible voting Board members in approval as presented. 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 Architect this application will be carried to the July 12, 2018 Zoning Board of Adjustment meeting. 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. This application was started, but not concluded, at the May 10, 2018 meeting of the Zoning Board of Adjustment. At the request of the Applicant this application will be carried to the July 12, 2018 Zoning Board of Adjustment meeting. 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 was started at the June 14, 2018 Zoning Board of Adjustment meeting but not concluded. This application will be placed on the July 12, 2018 agenda without further notice. 9. NEW BUSINESS – CASE NO. Z 18-010 Robert & Renee Hauserman Block: 1004, Lot: 21 130 Greenwood Avenue ZBA Special Meeting 6-28-18 Page 2 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. Dr. Paetzell stepped down from the Board for this application. B–1 Packet of Materials from the O’Brien Application, dated 2015 and 2016, Resolution, Zoning Table B–2 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew, dated12-6-17 A–1 Photo of Existing Garage front A–2 Photo of proposed garage A–3 Plans prepared by Steven Kowalski, Arc. dated 10-5-17, with sheets C-1 and A-1 Mr. Hauserman was sworn in and he began by reviewing the application. He believes the hardship that exists is the condition of the garage and shed which is antiquated. It does not function as a two car garage. The applicant wants to construct a 24x24 garage (which is standard). The shed is 250 sf and will be kept as is. The height of the garage contains a second floor where the applicant would like to store incidentals due to his basement being damp in his home. The slope of the roof of the garage will match the accessory structure. The existing setback will affect the tree which presently exists and the applicant does not want to remove it which affects the setback. The topography of the yard is such that everything drains and ponds in certain areas. It ponds and clears in a few days and the applicant does not want to have to install any drainage systems. The applicant believes there is a hardship and would base his need upon that and the tree. Mr. Hall asked if he could move the garage closer to the street. The applicant believes it would disrupt the backyard and how the family utilizes it. Mr. Santoro also suggested moving the garage towards the street. Mr. Hauserman wanted to keep it where he plans so it is consistent with the neighbor’s garage. Once again, Mr. Hauserman explained his reasoning to the Board. Mr. Santoro asked if any professionals where asked to give their input. He stated that he did not. The rear of the garage that exists will be removed. Mr. Santoro gave his input with regards to the neighboring project. The Board suggested that the applicant confer with the Borough Engineer regarding the water on the property. The public was now given the opportunity to ask questions or make comments as follows: Dan O’Brien, 134 Greenwood Avenue, Madison stated the water does come across the property. He explained how the water moves on both properties. He explained what he was required to do when he was in front of the Board regarding his property. Mr. O’Brien was sworn in being he was testifying. Dr. Roger Paetzell, 126 Greenwood Avenue, gave his input as to the movement of water on the applicant’s property. He explained the location of the garages on most of the properties on the street. He explained the difficulty of leaving the garage. The discussion continued with regards to the property lines and conditions on the property. There being no further testimony from the applicant and the Board, and no questions or comments from the public, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the condition that the applicant consult with the Borough Engineer regarding the water. The issues which are present is the placement of the garage, and the Borough Engineer’s assessment and the assessment from the Shade Tree Commission for the location of the walnut tree. The applicant will return with the suggested changes that the Board has proposed and will return to the Board at the Regular Meeting scheduled for August 9th. Dr. Paetzell returned to his seat on the Board. CASE NO. Z 18-015 Marilyn Tepper Block: 307, Lot: 10 ZBA Special Meeting 6-28-18 Page 3 29 Crestwood Drive Applicant is seeking permission to construct a 2 Story Addition, 2nd Story Addition, Deck, A.C. Unit(s), Removal of Large Portion of Existing Driveway, Minor Widening of Remaining Portion of Existing Driveway, Existing Drop Curb to be Widened by the Borough of Madison as part of the 2018 Road Improvement Program in an R- 3(Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Minimum Side Yard Setback (Left), Minimum Rear Yard Setback, Maximum Principal Building Coverage, and Maximum Impervious Lot Coverage. Marilyn and Drew Tepper were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew dated 4-16-18 A – 1 Plans prepared by Puzio Architects dated 4-11-18, sheets A-1, 2 and 3 A – 2 Survey dated 11-6-17 Drew Tepper began by stating he is Marilyn Tepper’s son and he reviewed the homes in their development. He is interested in changing his home in the same style as his mom’s home. He stated the home would project forward in the front, the Imperious Coverage would be reduced by removing a section of the home in the rear. He stated the driveway will be wider and a standard 2 car driveway. The house is currently empty. Mr. Tepper continued by reviewing the design of the home. An existing one car garage will remain and the covered porch will be changed. One hundred twenty eight feet will be removed in the rear. There has not been any drainage problems. The drainage will remain the same. Mr. Santoro stated that a drywell will be required to direct any stormwater from the home be caught and directed to a drywell. There being no further testimony from the applicant, the public was given the opportunity to question the applicant. Dorothy O’Brien, 38 Crestwood, stated she is at the top of the semi-circle. She is concerned with her view after a second story is added to the applicant’s home. There being no further testimony from the Board and the public was given the opportunity to make comments or ask questions, 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 drywell was made by Mrs. Driscoll and seconded by Ms. Kaar . A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro and Mr. Fitzsimmons. The Board took a five minute break at 9:25 and returned at 9:30 pm. CASE NO. Z 18-016 Parisi Builders & Developers Block: 3404, Lot: 39 375 Woodland Road Applicant is seeking permission to construct a 2 ½ Story Single Family Dwelling in an R-3(Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Linden Drive). At the request of the Applicant’s Attorney, this application will be placed on the July 12, 2018 Zoning Board of Adjustment Agenda without further notice. CASE NO. Z 18-017 Carl & Elizabeth Osborne Block: 506, Lot: 17 11 Myrtle Avenue Applicants are seeking permission to construct a 2 ½ Story Rear Addition with Side Covered Porch, Cantilevered Fire Place and Deck, Dormer and Right Side Bay Window Additions to Existing 2 ½ Story Principal Dwelling, Detached Two Car Garage, Expansion of Existing Driveway, Rear Walkway, Drywell, Two Side Yard A.C. Units, and Removal of a Portion of the Existing Fence in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage and Accessory Structure Maximum Height. ZBA Special Meeting 6-28-18 Page 4 Elizabeth Osborne, applicant and Marjorie Roland, Architect with ASA Design Build were sworn in and the following exhibits were marked. B–1 Letter of Denial from the Borough of Madison, Deputy Zoning Officer, Daniel Buckelew, dated 4-30-18 A–1 Copy of Survey, dated 6-8-17 A–2 Plans prepared by ASA Design Build, dated 4-24-18 A–3 Photo of the property and the location of the garage A–4 Analysis of the Neighborhood, dated 6-14-18 prepared by ASA Design Build Marjorie Roland, Architect began by describing the proposed application. The reason for the applicant being in front of the Board was the attached garage, by 187 sf, and the height variance. The existing home has a steep roof. Ms. Roland explained the reason for the steep roof. The coverage is necessary to build the home this way and the attached garage was a good solution. The applicant wanted to get the cars off the street. Ms. Roland reviewed the photo sheet and where the addition will be located. She then reviewed Exhibit A – 4 pointing out the garages which are of significant height. She stated that a drywell is being proposed and will collect all of the water from the addition. The Board suggested that the Borough Engineer be contacted to discuss and review the storm-water plan for the garage and house. A discussion took place with regard to enlarging the garage to accommodate lawn equipment, etc. by enlarging the garage to 25 feet deep. There being no further testimony from the Board and the public was given the opportunity to make comments or ask questions, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the drywell and enlarge the size of the garage with motions made by Mrs. DeRosa and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Mr. Santoro and Mr. Fitzsimmons. CASE NO. Z 18-018 Sy-Ed & Hillary Rahman Block: 1803, Lot: 8 27 Greenwood Avenue Applicants are seeking permission to construct 2 ½ Story Addition with Side Covered Porch, 2 ½ Car Garage, 2nd Story Dwelling Unit, A.C. Unit, Generator and Drywell, Relocation of Existing A.C. Unit, Expansion of Existing Driveway and 2-Family Use (Existing Use 1 Family) in an R-4 (Single- Family or Two Family Residential) Zone requiring relief from Required Lot Width, Minimum Side Yard Setback (Left), A.C. Units (2) Generator (1) in Side Yard. B – 1 Letter of Denial dated 4-26-18 from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew A – 1 Survey prepared by James P. Dean, dated 7-16-13 A – 2 Plans prepared by Heyrich Architects Mr. and Mrs. Rahman were sworn in and Ms. Rahman explained that the home was in bad shape when they purchased the home. The applicant did alot of work, the property was also in disrepair. The applicant wants to bring the home back to a two family. The applicant’s daughter moved into the home along with her mother. The addition will house either his mother or Mrs. Rahman’s mother. Mr. Rahman continued describing what took place a few years prior. A second child is coming and more living space is needed. Mr. Santoro asked what is behind the home. The applicant stated there is a grassy patch. The Board suggested windows on the second floor. The generator where indicated can be moved. The driveway will be reduced with the improvements. The public was given the opportunity to ask questions and make comments as follows: Martin Chiarolanzio, Keep Street, gave his credentials and was sworn in. He was representing his parents who live nearby. ZBA Special Meeting 6-28-18 Page 5 N – 1 Photo board N – 2 Additional photos of the applicant’s home and the Chiarolanzio’s home. N – 3 Photo Board showing other homes on Greenwood Avenue Mr. Chiarolanzio began by stating the addition is very long and the home is a non-conforming use. The glass blocks in the proposed addition are not allowed and has to be fire rated. He is opposing the addition, however, he likes the design and it will devalue his parents’ property. He continued by reviewing all of the negative aspects of the application. Mrs. Rahman explained a different proposal as a 1.5 garage and understands Mr. Chiarolanzio’s concerns. Mr. Santoro suggested that the Board give the applicant some guidance. Each Board member gave their suggestions. Paul Allocco, 25 Greenwood, testified as to his concern with the design and stated they would cooperate with what the Board suggests. The Board suggested that the applicant re-consider their design and return at the August meeting. CASE NO. Z 18-013 5 Burnet Ave, LLC Block: 601, Lot: 4 5 Burnet Road Applicant is seeking permission to construct a 2 Story Addition, 2nd Story Addition, Roof over Existing Front Stoop, the Removal of Existing “Fireplace” Patio Area and Pavement Area in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Due to insufficient notice this application will be carried to the July 12, 2018 Zoning Board of Adjustment meeting. 10. OTHER BUSINESS – 11. ADJOURNMENT: The meeting was adjourned at 11:02 pm with motions made by Ms. Kaar and seconded by Mrs. Driscoll. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Special Meeting 6-28-18 Page 6