Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, December 13, 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 November 8, 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, Roger Paetzell, Diane Driscoll, Helen Kaar, Melissa Elias and Mary Sue Salko. ALSO PRESENT: Kelly Brennan, Alternate ZBA Attorney Russell Stern, Planning Consultant and Frank Russo, Assistant Borough Engineer EXCUSED: Timothy Fitzsimmons. Toni DeRosa and Chris Tomlin 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. There was one correction to be made. A voice vote of aye was heard from all eligible voting Board members in approval of the corrected minutes. 5. MINUTES FOR APPROVAL - Regular Meeting of November 8, 2018 The following Resolutions were distributed to all Board members for their review. There was 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. 6. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. Z 18-026 Resolution granting variance application to Katherine & John Hearn, Block: 4001, Lot: 14 59 Pomeroy Road to construct a Covered Front Porch, Covered Front Entry, and Expansion of Previously Approved Front Brick Paver Sidewalk in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Impervious Lot Coverage. CASE NO. Z 18-027 Resolution granting variance application to Alison & George Karounis, Block: 1102, Lot: 74 Wayne Boulevard to construct a 1 Story Rear Addition with Steps, Removal of Existing Rear Deck and Conc rete Patio below Deck in R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. ZBA Regular Meeting 12-13-18 Page 1 7. SCHEDULING AND PROCEDURAL MATTERS – Mr. Santoro stated we have several applications this evening that will be carried to January10, 2019 regular meeting. The Dellwood application cannot be heard due to the Board not having a quorum this evening. Mr. Chiarlanzio, Attorney for the 127 Kings LLC stated he needs 7 votes and would like to be carried to the January 10, 2019 meeting. Mr. Santoro stated he could give Mr. Chiarlanzio some feedback tonight if he believes it would be helpful and the finalization of the application will be scheduled for another meeting. 8. OLD BUSINESS – 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. This application was started at the Special Meeting of the Zoning Board on October 29, 2018 but not concluded. At the request of the applicant this application will be carried to the January 10, 2019 Zoning Board of Adjustment meeting. CASE NO. Z 18-025 Paul Weir Block: 1109, Lot: 9 42 South Street Applicant is seeking permission for the conversion of a Single Family Home with Tenant into a Two-Family Home in an R-4 (Single-Family or Two Family Residential) Zone requiring relief from Minimum Lot Width. This application was started at the Special Meeting of the Zoning Board on October 29, 2018 but not concluded. Mr. Paul Weir was previously sworn in at the October meeting. He is returning with his Floor Plan which was requested at the last meeting. He is now living in the home and he has gotten the building permits for the dormer. He performed all the work himself. He described what the home was in the past. He has not gone beyond the footprint of the home. Mr. Santoro stated he discussed this application with the Board Planner, Attorney and Daniel Buckelew, The following exhibits were marked: A – 1 Survey marked on 10/29 A – 2 Three page plans drawn by Mr. Weir Mr. Weir began to describe the basement. It is an open area with a sink and microwave with a separate entrance. There is a dual stairway to the other floors. Mr. Weir will be living on the first floor. Mr. Santoro continued by stating the home is not a three family, but has the potential. His issue is that it remains a two family home and it is safe for a renter. Mr. Santoro stated there would be a Deed Restriction and Conditions added to this application in the Resolution. Ms. Brennan suggested Mr. Weir get an attorney. The Board will refer this application to Gary Hall. Mr. Weir has to obtain a Deed Notice. Mr. Hall will call Mr. Weir and discuss the process and after it has been done, a Certificate of Occupancy can be issued. The public was given the opportunity to ask questions or make comments. The consensus of the Board was that Mr. Weir obtain a Deed Notice of Approval. This application will be memoralized as a two family home and the applicant is responsible for building permits, approvals and inspections prior to the CO. A motion to ZBA Regular Meeting 12-13-18 Page 2 approve this application was made by Ms. Elias and Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mrs. Driscoll, Ms. Kaar Dr.Paetzell, Ms. Salko and Mr. Santoro CASE NO. Z 18-028 Ron Chopoorian Block: 4903, Lot: 11 26 Dellwood Parkway South Applicant is seeking permission to construct an In-Ground Pool, In-Ground Spa, Rear Yard Wet-Laid Paver Patio and Walkway, Outdoor Kitchen, Pool Equipment, Storm Water Management System with (7) Yard Inlets and a Drywell in an R-1(Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. This application was started at the Regular Zoning Board Meeting of November 8, 2018 but not concluded. Will be carried to the January 10, 2019 meeting due to the absence of a 7th Board member. CASE NO. Z 18-029 Lisa Wang Block: 1105, Lot: 4 75 Park Avenue Applicant is seeking permission to construct a 2 ½ Story Rear Addition, Convert Single Family Use to Two- Family Use. Removal of Existing Detached Garage Structure, Concrete Slab to Remain for Parking. A Portion of the Driveway is to be removed and Drywell Installed in an R-4 (Single Family or Two Family Residential) Zone requiring relief from Minimum Lot Width and Maximum Impervious Lot Coverage. This application was started at the Regular Zoning Board Meeting of November 8, 2018 but not concluded. At the request of the applicant this application will be carried to the January 10, 2019 Zoning Board of Adjustment meeting. 9. NEW BUSINESS – 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. This application was not reached at the September 13, 2018 meeting and carried without further notice to the October 11, 2018 agenda. At the request of the Applicant’s Attorney this application will be carried to the Special Meeting to be held on October 29, 2018. At the request of the Applicant’s Attorney this application will be carried to the December 13, 2018 ZBOA meeting. Samuel DeAngelis, of Chiarlanzio and DeAngelis introduced himself and began by describing the application. He introduced Guy Piro, Richard Keller, Engineer/ PE and Bob Scalia, Architect. Mr. DeAngelis described the location of the application and the surrounding neighborhood. Mr. Richard Keller, Engineer was sworn in and and gave his qualifications and was accepted as a Professional Engineer by the Board. Mr. Santoro verified that when the application is voted upon, there will be seven Board members voting. Mr. Keller began by describing the following exhibit: It is located in a R-3 and R-4 Zone. The following exhibits were marked: A – 1 Site Plan, dated 6-15-18 rev. 10/15/18 A – 2 Annotated Tax Map – Undated A – 3 Photo board, 6 photos of various businesses ZBA Regular Meeting 12-13-18 Page 3 A – 4 Photo board, 6 photos of various businesses A – 5 Aerial Photo of the proposed location and surrounding area Mr. Keller described Exhibit A-2 which is in a multi-zone with a four family dwelling, three family homes, Rosedale Manor Apartments with a parking lot and Terry’s Automotive with their parking lot. Utility Sub-station is nearby and under the railroad tracks is the edge of a cemetary and the YMCA. He continued describing A-3 and A-4. He stated it defines the character of the area. He then reviewed Sheet 2, Survey and he began by describing each area. He also stated the property is well-drained and reviewed the footage between the abutting properties. The applicant has owned the property for many years. The construction of the home is primitive. It will stay under the same ownership and remain as a rental property. It is a fully conforming site and is 97.3 ft wide and 107 ft long. He and the Architect reviewed several different designs. The goal is to locate the parking in the rear of the property. The house is 58.83 ft and 37.5 ft. deep. He discussed the parking arrangement. The location is providing 5 parking spaces, and in doing so variances are being requested. Russell Stern and Frank Russo requested copies of the exhibits for the Board and themselves. Mr. Keller then began to review the side yard, rear yard, building coverage, lot coverage figures, and the application is consistent with the Borough height to be compliant. Mr. Keller completed his review and asked the Board if they have any questions. Frank Russo, Ass’t Borough Engineer asked Mr. Keller if he reviewed his memo and comments, he replied he did so and he is complying with all his requests. Mr. Russo asked him to describe the parking egress and how it would be navigated. Dr. Paetzell asked Mr. Keller who would most likely be renting this home, and he stated most likely it would be rented to a family. Mr. Stern asked if the residents would have some recreational area he stated the owner would control any recreational space if it is planned. Mary Sue Salko was concerned regarding the school in the area and the number of cars that would be generated by the home. At this point in time, the public was given the opportunity to ask questions or make comments, there being none, the next witness was called. Robert Scalia, Architect was sworn in and he began by stating the owner will maintain the site. A – 7 Front and Right Side Elevation, dated 3-1-18 and rev. 10-18-18 He continued by describing the different areas of the home. The dormers are purely aesthetic and will be used for the mechanical equipment. He stated the dormers add to the beauty of the building and make a nice presentation to the street. The following exhibits were marked: A – 8 Rear and Left Side Elevation A – 9 Basement view A – 10 First Floor Plan A – 11 Second Floor Plan A – 12 Attic Plan, unfinished He stated this exhibit is in keeping with the architectural design. The basement is large and covers the entire footprint. Mr. Scalia continued by describing the first floor which contains the kitchen, mudroom, bathroom, and space for stairs to the basement. The landscaping will be maintained by the owner. The second floor has two small bathrooms and a laundry room, two bedrooms, and a master bedroom with large closet. The attic and basement will not be heated or cooled. Mr. Santoro gave his feedback and stated this application seems like alot of house on a small area. Mrs. Driscoll believes it is also too large for the plot. Ms. Kaar stated the present home is in disrepair and has not been maintained and she questions whether the owner will be lacking in his maintenance of the new home. All of the Board members had the opportunity to make comments. ZBA Regular Meeting 12-13-18 Page 4 The are no questions from the public. Mr. Keller would like to defer the application to February 14, 2019. The Board took a short break at 9:07 and returned at 9:15. CASE NO. Z 18-030 Jose & Betania Batista Block: 1703, Lot: 5 10 Howell Street Applicants are seeking permission for the Unpermitted Conversion to a 3 Family Dwelling, Installation of Rear Paved Driveway, Drywell, AC Units with Concrete Pad and to keep the 3 Family Use and Construct a 2nd Story Deck with Steps, Piping of Existing Drywell to Howell Street and a Front Yard Fence with Landscaping in an R- 4 (Single Family or Two Family Residential) Zone requiring relief from Minimum Rear Yard Setback (Deck), Maximum Impervious Lot Coverage, Maximum Dwelling Units and Minimum Driveway Setback. This application will be carried to the January 10, 2019 Zoning Board of Adjustment meeting. CASE NO. Z 18-031 Xian Sun Block: 1001, Lot: 41 102 Central Avenue Applicants are seeking permission to construct (2) 2 Story Additions, 2nd Story Addition, Front Open Porch, Rear Patio and Walkway, Retaining Wall with Stairs, Driveway Modification, Drywell and (2) Air Conditioning Units as the Removal of a Portion of the Existing Driveway, Front Entry Walk, Enclosed Side Porch, Rear Shed, Walkways, Stairs, Retaining Wall, Curbs and Patio in an R-3(Single Family Residential) Zone requiring relief from Minimum Side Yard Setback. The applicant did not notice in a timely fashion and will be placed on the January 10, 2019 ZBOA agenda. CASE NO. Z 18-032 Henry Doherty Block: 3901, Lot: 35 255 Kings Road Applicant is seeking permission to construct a 2 Story Dormer Addition and Covered Front Entry in an R- 3(Single Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Rear Yard Setback and Maximum Impervious Lot Coverage. Mr. Henry Doherty was sworn in and the following exhibits were marked: B–1 Letter of Denial dated 9-24-18 from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew. A–1 Survey dated 9-11-18 A–2 6 Photos of the property A–3 Plans, dated 9-3-18 A–4 Average setback analysis Mr. Doherty wants to re-design the home and update it, and also renovating the interior. He is planning to add about 250 sf. Mr. Doherty began by reviewing the plans that were submitted. A one car garage exists, the front entrance will be switched around and eliminate the pavers and reducing the lot impervious coverage (100 sf). The second story layout consists of a new bedroom in the front, same as existing on the opposite side. Closet space is planned. The addition will be over the existing building and not exceeding the footprint. The lot was non-conforming when the house was originally built. The lot is very small causing a hardship. Ms. Kaar believes the dormer is ugly and planning another one is also ugly. She suggests doing something with a gable. He stated he is trying to avoid the extra cost for the gable. The house will be re-sided and the basement is already finished. The first floor was opened up, the kitchen is being enlarged and made functional. An air conditioning unit will be installed upstairs. A covered entranceway is planned. ZBA Regular Meeting 12-13-18 Page 5 Mr. Santoro would like to know what is the final plan. Mr. Santoro asked the Board to approve this plan, and then Mr. Doherty can re-submit a new plan with the changes. The applicant will re-design the front entry, remove pavers in the front and install new pavers to the right of the garage. Mr. Santoro would like architectural elevations be submitted. The air conditioning units must be screened and a survey submitted showing the relocated units. The Board requested revised plans and a survey approved by the Borough Board Attorney. A motion made by Dr. Paetzell and seconded by Mrs. Elias was heard and a roll call vote was requested and recorded as follows: AYES: Mrs. Driscoll, Mrs. Elias, Dr. Paetzell, Ms. Salko and Mr. Santoro NAY: Ms. Kaar 10. OTHER BUSINESS: There is no Other Business. 11. ADJOURNMENT: The meeting was adjourned at 10:21 pm with motions made by Ms. Kaar and Mrs. Driscoll. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 12-13-18 Page 6