Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, September 13, 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 September 13, 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, Diane Driscoll, Roger Paetzell, Helen Kaar, and Timothy Fitzsimmons ALSO PRESENT: Keith Loughlin, Esq. Alternate ZBA Attorney EXCUSED: Mrs. DeRosa, Mrs. Elias, Ms. Salko and Mr. Tomlin 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular Meeting of August 9, 2018 The above minutes were distributed to all Board members prior to this meeting for their review. Ms. Kaar wanted to have a side conversation with me regarding the minutes, however did not confer with me. Two meetings in October the 11th and the 29th were voted upon by the Board and approved by an aye heard from all members of the Board. 6. RESOLUTIONS FOR MEMORIALIZATION – 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – 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 ZBA Regular Meeting – 9-13-18 Page 1 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. Mr. Richard Keller, Licensed PE, NJ, Millburn, NJ was sworn in and gave his credentials and was accepted by the Board as a qualified professional. Mr. Santoro began by reviewing what had taken place at the last meeting in June 2018. He reviewed each item and stated where he stands on this application. Mr. Keller then began and reviewed the size of the lot and zone with the requirements that apply to both. Mr. Keller reviewed the exhibits which were marked at the prior meeting. He also stated there have been some changes to the exhibits which are being presented at this meeting. He turned the garage’s position to save some space. Also there was no way to shorten the driveway and it would make it difficult for turns. A – 4 Land Title Survey dated 10/25/17 A – 5 Aerial Photo, 4/5/16 A – 6 5 photos all taken 9/13/18 except #5 A – 7 Same drawing as Revised Site Plan with modification, ie: removal of the shed A – 6 showed the rear of the property. The impervious coverage was 40.15 sf decreased down to 39.22% leaving the increase of 170 sf. The only variance needed is for impervious coverage. This application has no substantial detriment to the public good. The applicant would be happy to provide any drainage relief which Robert Vogel, Engineer would require. He reviewed all the issues which would be beneficial to the public and the community. Mr. Santoro stated that the applicant was very thorough. Mr. Vogel agreed with the applicants’ proposal. The drain leaders will be added on the side of the home and flow into the drains. The public was given the opportunity to ask questions. 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 condition leaders will be installed on the right side of the drains was made by Ms. Kaar and seconded by Mr. Fitzsimmons. A roll call vote was requested and recorded as follows; AYES: Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Mr. Santoro and Mr. Fitzsimmons. 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. Dr. Paetzell stepped down from the application. Mr. Hauserman had previously been sworn in and began with and two memos to be presented. B - A Memo dated 8/12/18 from the Shade Tree Authority ZBA Regular Meeting – 9-13-18 Page 2 B – B Memo from Borough Engineer Robert Vogel, dated 2018 A – A CD dated 8/13/15 of a prior ZBA Hearing Mr. Hauserman asked Mr. Santoro what should be reviewed. The first variance of height was discussed. A flatter roof was chosen to match the gable on the front of the house. The footprint on the garage was 24x24 and kept at that size. There was no mandated need for the drywell, especially after Mr. Vogel witnessed no water on the property after a rainfall. The Shade Tree Authority was contacted to protect the black walnut and it was decided to have Vince Liccardi, Tree Expert visit the site. He concluded that the applicant can go as close as 14 feet without harming the tree. The current garage is 18 feet from the tree, the garage will be narrowed to 22 feet. Mr. Vogel affirmed his visit to view the water. He stated that the tree conditions looked fair and he agrees with the size of the garage. Mr. Santoro would prefer to have the garage moved from the current setback and does not see the tree changing the setback to build a conforming garage that fits. Ms. Kaar stated she would prefer stated leaving the garage as is. The storm-water management was now discussed. Mr. Santoro stated the flow of water has been present for some time, flooding the front. Mr. Vogel suggested a swale to improve the situation in the rear. Mr. Vogel and Mr. Hauserman had met and viewed the drainage and Mr. Vogel stated “do not do damage to what exists” adding keep both sides clear. Elevating the garage and maintain the driveway grade would be part of the solution. Mr. Hauserman would consider Mr. Vogel’s suggestion. The public was invited to make comments as follows: Mr. Daniel O’Brien, 134 Greenwood Avenue, stated he is happy with his neighbors and trust whatever plan for the garage is proposed. The issue falls upon the garage. He stated if it is torn down, the history is gone. The 5 foot setback should be maintained if the garage is torn down. The overhang goes over his fence. He is all for the repairing of the present garage. With regard to the tree, he lost 6 of the 12 trees in his yard. He does not have an opinion regarding Mr. Hauserman’s tree. Mr. O’Brien discussed the digging of Mr. Hauserman’s trench in his yard and the conditions of the flowing in Mr. Hauserman’s yard. Mr. Santoro gave his input as to approving the conditions in both yards. Mr. Vogel re-stated do not obstruct drainage across the properties. Mr. O’Brien suggested a seepage pit to catch some of the water and relief from flowing on his property. Mr. Vogel recommended to put the drywell in the front yard instead of the rear. Mr. Hauserman continued with his explanation. Mr. O’Brien re-stated if Mr. Hauserman needs a portion of his property, he can. Mr. Santoro wants to incorporate some of Mr. Vogel’s concepts in his memo. He would like to see some improvement in the storm-water situation. Grading of the garage be factored in to have the water move from the front to the back yard. The size and height of the garage is fine, the location needs some sensible improvement with regard to the water. Mr. O’Brien stated he would be happy to meet with Mr. Vogel and Mr. Hauserman to work something out. Mr. O’Brien’s previous Resolution will not be modified as stated by Mr. Loughlin. Mr. Santoro suggested the garage be moved from the setback. The applicant was not sure if he would return at the next regular meeting on October 11, 2018 as suggested by the Board. CASE NO. Z 18-018 Sy-Ed & Hillary Rahman Block: 1803, Lot: 8 ZBA Regular Meeting – 9-13-18 Page 3 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 4, 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. Revised plans were submitted and presented at the August 9, 2018 Zoning Board of Adjustment meeting but not concluded. Dr. Paetzell returned to his seat. Hillary Rahman was present with John Heyrich, Architect, 415 Rt. 24, Chester Township who gave his credentials and was sworn in and accepted by the Board as a professional. Ms. Rahman began by explaining what was discussed prior, the new plans are the same layout. The Board requested to move it 5 feet from the property line, take out the bathroom downstairs, move the AC units away from the property line. Three feet on the garage was now proposed. A – 8 Revised Plans dated 9/13/18 She stated all of the recommendations were completed as per the Board’s suggestions. Windows were also added in the rear. A – 9 Side elevation viewing 129 Greenwood Mr. Santoro and all the Board members were fine with the changes and the application is an improvement. Mr. Rahman stated all the changes required were made. Mr. Heyrich reviewed the plans again giving several additional details. The garage was made wider to make it aesthetically pleasing. He pointed out the adjustments that were made. A – 10 Revised Site Plan dated 9/13/18 A – 11 Revised Calculations dated 9/13/18 Mr. Heyrich pointed out the screening on the side yard near the neighbor. Six arborvitaes are planned to be planted. The two AC units also have been moved with a buffer along the side to screen the AC and muffle the sound. He continued reviewing the sizes of the garage, back porch, etc. These changes reduced the building coverage, however, the impervious coverage was increased slightly. The variances numbers were discussed and agreed upon. The public was given the opportunity to ask questions. 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 was made by Dr. Paetzell and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows AYES: Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Mr. Santoro and Mr. Fitzsimmons. CASE NO. Z 18-019 AJD Design & Construction, LLC Block: 4302, Lot: 11 5 Lathrop Avenue ZBA Regular Meeting – 9-13-18 Page 4 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. Revised plans were submitted and presented at the August 9, 2018 Zoning Board of Adjustment meeting but not concluded. The attorney for the application, 9. 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 was not heard at the August 9, 2018 Zoning Board of Adjustment meeting and carried without further notice to the September 13, 2018. At the request of the applicant this application will be heard at the October 11, 2018 Zoning Board of Adjustment meeting. 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. Carried to the next Regular meeting scheduled for October 11, 2018. 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 was not heard at the August 9, 2018 Zoning Board of Adjustment meeting and carried without further notice to the September 13, 2018. Bryan Rizzi was sworn in and explained that his wife could not attend. B – 1 Letter of Denial dated 7-16-18 from the Deputy Zoning Officer of the Borough of Madison, Dan Buckelew. A – 1 Plans dated 9/13/18 Mr. Rizzi explained the reason for the pool and he stated the patio that exists is over on the impervious coverage. The pool would reduce the impervious coverage along with removing the patio. ZBA Regular Meeting – 9-13-18 Page 5 The yard is already fenced, with two gates. His wife would use the pool as much as possible for her condition. Pavers will be installed around the pool, and the walkway that exists would be removed and replaced by pavers. There being no further testimony from the Board or the public, the Board began their deliberation. All the Board members agreed that this is a good plan. A motion was made by Mrs. Driscoll and seconded by Mr. Fitzsimmons. A roll call vote was requested and recorded as follows: AYES: Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Mr. Santoro and Mr. Fitzsimmons. CASE NO. Z 18-023 Bill Lee Block: 5101, Lot: 35 2 Union Avenue Applicant is seeking permission to construct Front and Rear 2nd Story Additions, “Re-Work/Add to Existing Front Steps and Stoop”, Roof over Front Stoop, “Re-Work/Add to Existing Rear Steps and Stoop”, Removed Existing Rear Patio, Fire Place and Walk in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Number of Stories, Minimum Front Yard Setback (2nd Story), Minimum Front Yard Setback (Stoop Roof), Minimum Side Yard Setback (Left), and Maximum Impervious Lot Coverage. CASE NO. Z 18-024 127 Kings, LLC Block: 3801, Lot: 4 127 Kings Road Applicant is seeking to construct a New 2 Family Residence in an R-3 (Single-Family Residential) Zone requiring relief from Single-Family Use to a 2 Family Residential Use, Minimum Front Yard Setback, Maximum Principal Building Coverage, Maximum Impervious Lot Coverage, and Minimum Rear Yard Setback. 10. OTHER BUSINESS – Mr. Santoro attended a Planning Board meeting with the topic of the Annual Report. He suggested that all Board members should attend. The meeting proved that issues were discussed that were of interest and Mr. Santoro shared that with the Board. Laurel Avenue was discussed. A discussion continued with regard to the Board’s experiences and their ability to hear the applications in a fair and reasonable manner. 11. ADJOURNMENT- The meeting was adjourned at 9:40 with a motion made by Mrs. Driscoll and seconded by Ms. Kaar. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 9-13-18 Page 6