Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, August 9, 2018 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey 1. CALL TO ORDER BY CHAIRPERSON A regular meeting of the Borough of Madison Zoning Board of Adjustment was held August 9, 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, Melissa Elias, Helen Kaar, and Timothy Fitzsimmons ALSO PRESENT: Gary Hall, ZBA Attorney EXCUSED: Mary Sue Salko and Chris Tomlin 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular Meeting of July 12, 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 as heard in approval of the corrected from all the Board members. 6. RESOLUTIONS FOR MEMORIALIZATION – The following Resolutions were distributed to all Board members prior to this meeting for their review. CASE NO. Z 18-005 Resolution granting variance application to David Stern, Block: 4801, Lot: 1, 80 Noe Avenue 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. No corrections or changes were made. A voice vote of aye was heard from all eligible voting Board members in approval of this Resolution. CASE NO. Z 18-016 Resolution granting variance application to Parisi Builders & Developers, Block: 3404, Lot: 39 375 Woodland Road 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). There was one typo on page 2. A voice vote of aye was heard in approval of this corrected Resolution from all eligible voting Board membrs. CASE NO. Z 18-013 Resolution granting variance application to 5 Burnet Ave, LLC, Block: 601, Lot: 4, 5 Burnet Road 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 ZBA Regular Meeting 8-9-18 Page 1 Maximum Impervious Lot Coverage. . A voice vote of aye was heard from all eligible voting Board members in approval of this Resolution. 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 has been withdrawn by the applicant. 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. The applicant wants to carry this application to the next regular meeting scheduled for September 13, 2018. 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 was started at the June 28, 2018 Special Meeting of the Zoning Board of Adjustment but not concluded. At the request of the applicant this application will be carried to the September 13, 2018 Zoning Board of Adjustment 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 was started at the June 28, 2018 Special Meeting of the Zoning Board of Adjustment but not concluded. A – 3 Copy of Survey dated 7-16-13 rev. 7-12-18 A – 4 Revised Floor Plans, Heirich Architects, rev. 7-12-18, 3 sheets ZBA Regular Meeting 8-9-18 Page 2 A – 5 Copy of tax map sheet colored yellow and pink A – 6 Aerial photo of the applicant’s property highlighted A – 7 Photo of trees Hillary Rahman began by reviewing what was discussed at the last meeting. She stated that the plans were revised. The changes were made as per the suggestions and comments from the Board and neighbor. She visited the neighbors twice and did not speak to the neighbors personally, however, their son was advised. She is limited on what they can do. Ms. Rahman distributed A – 5 to the Board members. The Rahman’s are also planning on building a fence around the property. Two trees were removed to allow for the garage. More greenery has been saved. She stated that she attempted to conform with what the neighbors suggested. The planned windows were discussed. Mr. Rahman continued by discussing the windows and why they were placed as proposed. Dr. Paetzell questioned the setback and the applicant explained their reasoning. Mr. Santoro believes what has been done is a significant improvement, the structure is close to the line. A square area near the garage should be removed and aligned straight in an upward manner. Dr. Paetzell questioned the garage and its location. Mrs. Rahman stated their garage was in alignment with the neighbors’. Mr. Hall reminded the applicant if they are replacing the fence, they would need a variance. Mrs. Rahman stated it is minor and approximately 5 panels are being replaced. The AC compressor has to be 5 feet off the property line and screened. Other areas of the plan have been changed. The covered porch has been changed to allow the dog to enter the rear of the house. The home is currently a one family and the applicant would need to return to the Board to change it back at any time. Mrs. Elias questioned the removal of one garage and discussed the driveway and the parking of cars. Mr. Hall stated he believes it allows for 4 spaces. Erik DeLine, H2M, Parsippany, N.J., Licensed Planner gave his qualifications and was accepted by the Board. He began by discussing the Bulk Variances; the lot width in the R-2 zone. He stated along Greenwood there are several multiple family dwellings, none of them meet the 60 foot lot width. He stated that this application is a Continuing Use, this Use is not specifically designed for this lot width. Another issue is the sideyard setback, Mr. DeLine discussed the sideyard setback, stating keep in mind this garage is a side-loading garage. Only the garage will be exceeding the sideyard setback. Several trees exist along the neighboring property, the applicant attempted to keep as many as possible which enabled the variance. The fencing issue was discussed and the applicant agreed upon whatever is necessary. Dr. Paetzell requested the impervious coverage as the plan presently exists and how much it was cutback. The applicant it is now reduced to approximately 33%, it was previously proposed at 35%. There being no further questions from the Board, the public was given the opportunity to ask questions as follows: Matthew Posada, Schenck Price, LLP representing the property owners, Ms. Esther Chiarlanziio, 29 Greenwood Avenue, questioned Mrs. Rahman as follows: Dimensions of the sideyard setback, questioned the 2 feet. Is there a setback of 2 feet on any other neighbor’s property? Mrs. Rahman does not know. She does not believe it is 2 feet, however, maybe more. Any other property owners have an attached garage? Mrs. Rahman, answered yes. Another neighbor has the garage in the rear. Mr. Posada asked if the applicant could do it at 10 feet, she answered that could not be done. She attempted to work with her neighbor. It was discussed that her neighbor has 3 units..Mr. Santoro believes the neighbor is intensifying her property with 3 units. Mrs. Rahman believes she is doing a great job. Mr. Posada asked if the intended use is a rental, Mrs. Rahman stated yes. Mr. Posada called Esther Chiarlanzio, 29 Greenwood Avenue, she described her backyard use. She believes the project will block her view and she does not want to view a large wall. Mrs. Chiarlanzio, stated the prior owner constructed a new fence several years ago. ZBA Regular Meeting 8-9-18 Page 3 Mr. Posada now questioned Mr. DeLine as follows: Did he view any other properties with an attached garage. He did not. He stated there is quite a mix of development on the street. Paul Allocco 25 Greenwood Avenue, neighbor on the other side of the applicant, stated he has the good side to view. His property is similar. He stated anything the applicant does would be fine with him. Mr. DeLine continued by reviewing what the applicant has done and believes his client is considerate to the neighbor and the neighborhood. There being no further questions or comments, the Board began their deliberation. Mr. DeLine explained what would take place if the Board did not approve the application. They would have to come back with a revised application. The applicant believes that whatever they do, will be turned down again. The Board discussed the changes that could be made to have the application approved. The applicant will return with an amended application at the September 13, 2018 Regular Meeting. Mr. Santoro announced that the two remaining applications would not be heard tonight; Stuhlmiller and Marino. CASE NO. Z 18-019 AJD Design & Construction, LLC Block: 4302, Lot: 11 5 Lathrop Avenue Applicant is seeking permission to construct a 2 Family 2 ½ Story Dwelling, removing (2) Existing Dwelling Units, Detached Garage, Patios, Sidewalks, Ramps, etc. in an R-4 (One 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. This application was started at the July 12, 2018 Zoning Board of Adjustment meeting but not concluded. Rosemary Stone-Dougherty began by reviewing what took place at the last meeting. The size of the house was reduced, changes were made to the side yard setbacks, eliminating two variances. The Principal Building Coverage is over and also the impervious coverage. The following exhibits were marked. A – 2 Revised Architectural Plans, dated 7-25-18, 3 sheets A – 3 Colored Rendering Steven Gluck, Seth A. Leeb, Licensed Architect began reviewing A – 2. The house is a two-family designed to appear more like a single family home. It has a front loading garage, with two separate doors. The doors are setback from each other and the first portion is a single story, which reduces the mass from the street. There are no full vertical two story walls. The roof is a hip style roof, which reduces the massing of the structure. The 2nd floor is setback from the side and front property lines. This plan is keeping in character with structures in the area. The second floor is a two bedroom unit, both units both have two separate basements, the manner in which the units are planned, keeps it from being obtrusive. The Board requested that A – 3 not be utilized in the presentation. The 2 bedroom totals 963 sf and the 3 bedroom totals 1,409 sf, the basement is not planned as living space. The objective of the plan was to get away from the two independent structures. The length of the structure is 70 feet with the single story garage in the front. The height is 32.5 feet. The public was now given the opportunity to ask questions of this witness as follows: Christine Tiritilli, 157 Green Village Road, was concerned with the width of the driveway, and asked if the driveway serves both garages? The applicant is willing to narrow the driveway by a few feet. She asked if 3 Lathrop has been considered, where is the entryway going to fall with regard to 3 Lathrop. Mr. Gluck explained how the Architects see the design and how they are going to design. The square footage is 343 over what is allowed. ZBA Regular Meeting 8-9-18 Page 4 Mary Ann Micucci, 7 and 9 Lathrop Avenue, asked how much did you change from the last plans. She needed specifics. Mr. Gluck stated the setbacks were increased and the garages were separated, and the setbacks from the second floor were also modified. Mr. Gluck does not believe one entrance will cause any problems. Mr. Fred Meola, Engineer, distributed Exhibit A – 4 to the Board members. A – 4 Photo sheets, 17 pages Photos are of Green Village Road, Mr. Meola continued by explaining that the house was reduced by another 104 sf. The tax map is included with A – 4 along with an aerial photo, an older survey (1963), a copy of the Sanborn Map (1910). Mr. Meola continued reviewing Exhibit A – 4, page by page. The majority of the homes are one-family homes, with several two-family and several duplexes, he also reviewed the size of the lots. A – 5 Copy of Tax Map, Madison, colored Mr. Meola reviewed the area of 200 feet and more showing how many are multi-family homes. Ms. Stone- Dougherty assisted in Mr. Meola’s explanation of the homes in the area stating they were built in the 1900 to 1930 era. Mr. Meola continued by reviewing the history of the area in detail. Mr. Meola continued by reviewing the size of the units. He stated that the parking will be on the driveway and the in the garage. It is all tandem. He reviewed the changes from the first application as opposed to what is being presented at this meeting. He communicated with the planner with regard to the style and size of the units. The stairs were re-arranged; the sideyard is 10 feet, the garage was reduced slightly, the upper deck is not projected to the side. He then reviewed the zoning variances individually, the maximum building coverage, and stated the accessory structure has been removed. Total impervious coverage is 34.6%, the maximum total lot coverage is 40%, the driveway has been shaved down to 20 feet. The two garage fronts will line up. Mr. Santoro gave his input with regard to this application stating this is an intensified area with numerous non- conforming uses. His push is to develop a single family home on this location. The Board gave their input as to how they view this application. The consensus is the house is too big, and not aesthetically pleasing to the neighborhood. Ms. Stone-Dougherty stated she believes that a new plan be submitted and the applicant will have to return at the next Regular Meeting scheduled for September 13, 2018. 9. NEW BUSINESS: There was no New Business. CASE NO. Z 18-020 David Stuhlmiller Block: 3502, Lot: 12 2 Hillside Avenue Applicant is seeking permission to construct a Side Yard Brick Paver Sidewalk, Rear Yard Brick Paver Patio and Concrete Hot Tub Pad R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. This application will be carried to the next Regular Meeting scheduled for September 13, 2018 CASE NO. Z 18-021 Mark Vanselous Block: 101, Lot: 15 59 Shadylawn Drive Applicant is seeking permission to construct a 2nd Story Dormer, and Front Porch Portico in an R-3 (Single- Family Residential) Zone requiring relief from Minimum Side Yard Setback (Left), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Due to insufficient noticing this application will be carried to the September 13, 2018 ZBOA agenda. ZBA Regular Meeting 8-9-18 Page 5 CASE NO. Z 18-022 Bryan Rizzi & Jacqueline Marino Block: 4602, Lot: 7 168 Shunpike Road Applicants are seeking permission to construct a Rear Yard In-Ground Pool with Paver Patio, Filter and Heating Equipment in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. This application will be carried to the next Regular Meeting scheduled for September 13, 2018 10. OTHER BUSINESS: Gary Hall discussed the training that is planned. Mr. Santoro did meet with the Planning Board. 11. ADJOURNMENT: The meeting was adjourned at 11:00 pm with motions made by Mrs. Driscoll and Ms. Kaar. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 8-9-18 Page 6