Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, July 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 on July 12, 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 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, Melissa Elias, Helen Kaar, Chris Tomlin and Mary Sue Salko ALSO PRESENT: Keith Loughlin, Substitute ZBA Attorney EXCUSED: Tim Fitzsimmons 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Special Meeting of June 28, 2018 The minutes were distributed to all Board members for their review prior to this meeting. There were several corrections made to the minutes. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes as corrected. 6. RESOLUTIONS FOR MEMORIALIZATION – The Resolutions were distributed to all Board members for their review prior to this meeting. There were no corrections or additions made to the Resolutions. A voice vote of aye was heard from all eligible voting Board members in approval of the Resolutions. CASE NO. Z 18-015 Resolution granting variance application to Marilyn Tepper, Block :307, Lot: 10, 29 Crestwood Drive to construct a 2-story addition, 2nd- story addition, deck, AC Unit(s), removal of large portion of exiting 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 year setback, minimum side yard setback (right) minimum side yard setback (left), minimum rear yard setback, maximum principal building coverage, and maximum impervious lot coverage. CASE NO. Z 18-017 Resolution granting variance application to Carl and Elizabeth Osborne, Block: 56, Lot: 117, 11 Myrtle Avenue 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 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. 7. SCHEDULING AND PROCEDURAL MATTERS : No scheduling or procedural matters ZBA Regular Meeting 7-12-18 Page 1 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 August 9, 2018 Zoning Board of Adjustment meeting. The applicant will re-notice. 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. This application had started at the Regular Meeting on June 14, 2018. Mr. Joseph Angelo, Attorney was present along with Margaret Pritchard Stern, who was sworn in and the following documents were marked: AA - Revised Zoning Table AJ - Photo sheet – prepared by the applicant – 5 sheets Mr. Angelo began by explaining what took place at the last meeting. The existing non- conforming will be reduced with this application. The gravel will be removed and a portion of the slate will also be removed which decreased the Impervious Coverage to 27.7% from what was presented at the last meeting. The square footage is approximately 420 sf A fountain was depicted in the previous Exhibit A. Prior to this application, the as built percentage was 26.5% and the principal building coverage was 13.4%. The fence variance request was no longer in this application, it was withdrawn. Mr. Santoro stated he was satisfied with the changes and does not see evidence of water issues. Ms. Kaar stated most of the increase in maximum building coverage was achieved by putting a roof over something that was already paved and that no longer exists. There are several drywells that exist and the applicant does have access to them and testified that he would maintain them. Mr. Stern stated, that to date they have not had any water issues, any pooling, etc. There being no further testimony from the applicant, the public was given the opportunity to ask questions or make a comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application as revised and presented. A motion to approve the application was made by Mrs. Kaar and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows AYES; Mrs. DeRosa, Mrs. Elias, Ms. Kaar, Dr. Patzell, Mrs. Driscoll, Ms. Salko, Mr. Santoro, and Mr. Tomlin ZBA Regular Meeting 7-12-18 Page 2 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 August 9, 2018 Zoning Board agenda. 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. This application will be carried to the August 9, 2018 Zoning Board agenda. 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. This application will be carried to the August 9, 2018 Zoning Board agenda. 9. NEW BUSINESS: CASE NO. Z-18-016 Parisi Builders and Developers Block: 3040, Lot 39 375 Woodland Road Applicant is seeking permission to construct a 21/2-story single family dwelling in an R-3 (single –family residential) zone requiring relief from Minimum Front Yard Setback (Linden Drive) B–1 Letter of Denial dated 3-13-18 from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew. A–1 Variance Plan, prepared by Mueller Engineering & Consultants dated 3-20-18 A–2 Setback Plans, prepared by Mr. Deady A–3 Topographical Survey A–4 Architectural Drawing by R. Winkle, dated 4-12-18 A–5 Rendering – Colored Kevin Page, President of Page Consultants, Engineers, Warren, NJ. gave his credentials and was accepted by the Board as a qualified professional. Nino Coviello attorney for the applicant was present and began by describing the application, stating there is a single home on the property and will be demolished and a new home will be constructed. The current conditions are being improved. Mr. Page will now testify. ZBA Regular Meeting 7-12-18 Page 3 Mr. Page referred to his drawings, showing the proposed house. He described its location and the neighboring home. A school ballfield exists behind the property. The current home has a 60 foot driveway, and it is located in an R-3 zone. Across the street several single family homes exist. He stated the location is large and has plenty of land for the construction of this new home. It is rectangular in shape, and drops off three feet from the front right corner, a very modest pitch. He continued by stating the proposed home is a 2-stories and it will contain 5 bedrooms and an attached garage. The long driveway will be removed , allowing a 2 car garage and 2 cars parked in the driveway. The impervious coverage remains the same and a drywell will be installed. Three trees will be removed due to their proximity to the new home. Mr. Page continued by reviewing Exhibit A-5 entitled Colored Rendering. Mr. Tomlin asked where the AC units will be located. He stated behind the family room and will be buffered. The entry to the garage is on the side of the home. There being no further testimony by this witness, the public was given the opportunity to ask questions, there being none, the next witness began his testimony. David Karlebach, Licensed Professional Planner, Ridgewood, NJ gave his credentials was accepted as a qualified witness. He began by stating there is a hardship, it being a corner lot and is less than 75 feet in width which forces the building envelope to be severely compressed. This application decreases the Impervious Area, and promotes a desirable visual environment. The existing structure is old and outdated. It will be replaced with a new building, new landscaping and will beautify the area. The egress will be from Linden Drive. The proposed construction does not cause any problem to the area and provides numerous benefits. The public was again given the opportunity to question this witness. There being none, the public was given the opportunity to make comments as follows: Mr. Kirk Warshaw, 15 Linden Drive, Madison was sworn in and began by supporting the construction of the home, however he does not approve the egress of Linden Drive. He stated Linden Drive is a thru street to Glenwild and is located near the school property where children play. He believes this will be detrimental to children in the area. He also stated there are water problems on Linden Drive which flows from Woodland to Mr. Warshaw’s home. He stated he spoke to the Borough Engineer and was told no work will be done on Linden Drive. O – 1 Photos taken within the last two weeks by Mr. Warshaw Mr. Warshaw continued by describing the condition of the road and he stated he is very happy that a new home is being proposed, however, his only issue is the egress proposed onto Linden Drive. He stated Linden drive is a dead end. Mr. Coviello rebutted by stating if the new home is built, the other homeowners can park on Woodland. He stated the applicant is proposing a beautiful home, however, he does not believe there are safety issues with regards to Linden Drive. Mr. Page gave his input stating more pavement would be required if the egress was changed. He continued by explaining the location of the home will reduce the flooding that exists. He stated the water heads towards the park and ponds on the street. A discussion took place with regard to the water and that the applicant will direct all water from the home into the drywell. Mr. Warshaw disagreed. Mr. Page stated from the existing edge of the pavement, the new driveway connects to Linden Drive, there is an 18 inch drop. The current driveway right side has a curb, the left side does not have a curb. The water flows right to left. There being no further comments from the public, the Board began their deliberation. Mr. Santoro stated he does not believe that the applicant is causing any water problems. The consensus of the Board was to approve the application with the conditions as follows: AC units not in the right setback, shall be located in the rear, that the applicant consults with the Shade Tree Commission by replacing trees, and removable of the masonry shed, the Plot Plan shall be reviewed by the Borough Engineer. A motion to approve the application was made by Mrs. Elias and seconded by Mr. Tomlin Chris. A roll call vote was requested and recorded as follows: ZBA Regular Meeting 7-12-18 Page 4 AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr. Tomlin 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. Rosemary Stone- Dougherty, Attorney, 54 Main St. Chatham was present and Seth Leeb, Architect, 1719 Rt. 10 E, Parsippany, gave his credentials and was accepted by the Board as a qualified witness. B – 1 Letter of Denial dated 2-6-18 from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew. A – 1 Architectural Plans dated 2-2-18 prepared by Seth Leeb, Architect Ms. Stone- Dougherty began by questioning Mr. Leeb stating he prepared the plans that were submitted. Mr. Leeb began by reviewing the plans which he prepared. He described the existing conditions and the proposed conditions. He reviewed Exhibit B – 1 of the Plans which contained the existing first and second floor plan as follows: Three bedrooms, kitchen, DR, LR on the first floor with an existing Bathroom which will be converted into a powder room. Second floor- a small bathroom and the 3 bedrooms with the addition which will make them larger. He continued by describing the variances which are being requested. Ms. Stone -Doughterty questioned Mr. Leeb with regard to the state of the home when he began his addition and changes to the home. A covered porch will be added to allow safety and cover from inclement weather. The addition will allow the home to be brought up to today’s standards. There is no new roof area. The addition will be viewed as a slight increase from the side. All the variances are derived from hardships that exist on the property. The public was given the opportunity to question the witness. There being none, the next witness was brought forward. Fred Meola, Engineer, 28 Whippany Rd., Whippany, NJ, gave his credentials and was accepted by the Board as a qualified witness. Mr. Meola began by providing insight as to the uniqueness of the lot, which is oddly shaped. He stated the applicant is attempting to make the house more livable. There are small closets and the access to the bathroom is antiquated. He continued stating the second addition allows the washer and dryer to be accessed in a convenient manner. Mr. Meola stated there are no detriments to the neighborhood . Ms. Stone-Dougherty explained that a garage would not be feasible due to the limited location. The public was given the opportunity to question this witness, there being none, Ms. Stone-Dougherty gave her summary. The public was given the opportunity to make comments as follows: Robert Craig Miller, 128 Ridgedale Avenue, owner of property in the rear of the house. He stated that he and his wife are very happy that the home is being brought up to date. He asked if the pavement on his side be removed and the AC unit be relocated due to its proximity to his property. Mr. Meola stated it would be a difficult situation to move the AC unit. Mr. Loughlin asked Mr. Meola if he took the photos marked as: A – 2 Photos of the rear of the home The Board now began their deliberation. The consensus of the Board was to approve the application with the conditions as follows: the paved area be removed and seeded with grass A motion to approve the application was made by Ms. Kaar and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro ZBA Regular Meeting 7-12-18 Page 5 The Board took a break at 9:46 and returned at 9:51. CASE NO. Z-18-019 AJD Design & Construction, LLC Block: 4302 Lot: 11 5 Lathrop Avenue Applicant is seeking permission to construct a 2-famly, 2 ½-story dwelling, removing (2) existing dwelling units, detached garage, patios, sidewalks ramps, etc. in an R-4 (one-family or two family residential) zone requiring relief from minimum lot width, minimum side yard setback (right), minimum side yard setback (left) and maximum principal building coverage. Rosemary Stone-Dougherty, attorney explained that she is going to make the presentation, and return at a next meeting to make changes and finalize the presentation as per the public’s recommendations. B – 1 Letter of Denial dated 5-30-18 from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew. A – 1 Architectural Plans, prepared by Seth Leeb, Architect Mr. Leeb was sworn in and was recently qualified as a witness. He began by describing what is existing on the site today. He stated two single family dwellings. The applicant is proposing a two family structure, side by side, garage, front entry way and wall separating each structure. It will contain two floors, second floor 3 bedrooms, and 2 ½ baths. Two small decks in the rear with AC units. Ms. Stone-Dougherty continued by having Mr. Leeb review A – 1 and asked Mr. Leeb to review the impervious coverage percentages which will be reduced by this application. Mr. Santoro stated the fundamental issue is that the lot is not wide enough for this proposed project. Mr. Santoro stated he will give his initial thoughts and he believes that the street is very unusual. He appreciates the benefit of all types of housing. He explained that there has been some favorable trends recently. His concern is with a two family on a lot that cannot support this type of building. Ms. Stone-Dougherty responded supporting the plan which the applicant has presented. There was an interchange of ideas and the public was allowed to make comments as follows: Christine Tiritilli, 157 Green Village Road, two properties away from the proposed location. She was sworn in and is opposed to the application. This is a zone which is surrounded by R-3’s. She believes that the applicant wants to squeeze two structures on this property. Mary Jo Micucci Deonzzo, 7 and 9 Lathrop Avenue was sworn in and stated that this lot is not a two family lot. Richard Klein, 4 Lathrop Avenue stated the applicant is attempting to squeeze two homes on a one home lot. All the Board members were inclined to agree with the public’s comments. The applicant will return on August 9, 2018 with a revised plan reflecting the comments heard from the public. . 10. OTHER BUSINESS: No Other Business 11. ADJOURNMENT: The meeting was adjourned at 10:30 pm with a motion made by Mrs. Kaar and seconded by Mrs. Driscoll. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 7-12-18 Page 6