Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, February 14, 2019 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) 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 10, 2019, the Board by Resolution adopted a schedule of meetings. On January 11, 2019, a copy of the schedule of meeting 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: Mr. Santoro, Dr. Paetzell, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Ms. Salko, Mrs. De Rosa, Mr. DiIonno ALSO PRESENT: Gary Hall, Attorney Russell Stern, Planning Consultant, Frank Russo, Ass’t Borough Engineer EXCUSED: Christopher Tomlin 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – Re-Organization and Regular Meeting of January 10, 2019 Several changes were made to both documents. A voice vote of aye was heard from all eligible voting Board members in approval of the changes. 6. RESOLUTIONS FOR MEMORIALIZATION – The following Resolution was submitted to all the Board members for their review. There were no corrections or changes. A voice note of aye was heard from all eligible voting Board members in approval of the Resolution. CASE NO. Z 18-028 Resolution granting variance application to Ron Chopoorian, Block: 4903, Lot: 11, 26 Dellwood Parkway South 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. Gary Hall had minor tweeks to the Resolution and he described such tweeks. 7. SCHEDULING AND PROCEDURAL MATTERS – ‘ZBA Regular Meeting 2-14-19 Page 1 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. At the request of the applicant this application is now being withdrawn. 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. This application was continued at the January 10, 2019 Zoning Board of Adjustment meeting but not concluded. This application will be continued at the March 14, 2019 Zoning Board of Adjustment meeting. 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 started at the Regular Zoning Board Meeting of December 13, 2018 but not concluded. At the request of the Applicant’s Attorney this application will be carried to the Zoning Board of Adjustment meeting of March 14, 2019. The applicant will need to re-notice for this meeting CASE NO. Z 18-030 Jose & Betania Batista Block: 1703, Lot: 5 10 Howell Street ‘ZBA Regular Meeting 2-14-19 Page 2 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 was started at the Regular Zoning Board Meeting of January 10, 2019 but not concluded. This application is carried for the continuation of hearing to the Zoning Board of Adjustment meeting agenda of February 14, 2019. Rosemary Stone Doherty, Attorney began by stating that the application has been amended and the applicants are here only for the D Use Variance. She verbally listed the changes that were made and all bulk variances were eliminated. The large exhibit was put into a smaller version as follows: A – 5 Smaller version of this exhibit which contains photos A – 6 Frederick C. Meola. Engineering Plan Mr. Frederick C. Meola Engineer was sworn in and began by explaining A – 6 which was marked. This document had 4 small layouts and Mr. Meola described what each layout represented. He stated all of the runoff is being collected, some of the roof leaders enter into the ground and some do not. A Soil Erosion Plan is also part of the four layouts being described. Improvement to drainage will be substantial and aesthetically a nicer plan which includes brick pavers. A discussion continued regarding drainage and parking on the site. He restated he tried to catch as much of the runoff as possible. Curbing and the driveway was also discussed. The impervious is presently 47.5%, and with his new designs it will be reduced to 34.6%. There being no further questions from the Board, the public was given the opportunity to ask questions. There were no questions from the public, however, Russell Stern did have questions regarding certain requirements of the aisle width. Mr. Stern also questioned the storm door, and parking. Next witness Douglas Asral, Registered Architect, State of New Jersey was sworn in, gave his qualifications and was accepted as a qualified witness. Ms. Stone- Doherty asked Mr. Asral to describe the layout of the proposed application. He used A -6 to describe the individual rooms. He reviewed the garage area which contains a workshop and provides space for two cars, 17.2’ x 20’. Mr. Stern asked Mr. Asral to scale out the dimensions of the garage. Mr. Asral then reviewed the layout of the first and second floors and utilized A – 5 Board of Photos to identify the rooms. The deck was also discussed and he stated it would be located off of the dining room on the second floor. Mr. Hall explained the different zones and what was permitted in each zone with regard to this application. Mr. Stern added to the explanation with regards to the 1, 2 and 3 bedroom units and whether they were conforming as proposed. A discussion took place regarding the exterior which was removed. Mr. Frank Russo questioned the garage space and whether it was compliant at 50 feet, Mr. Asral stated “no it is not”. ‘ZBA Regular Meeting 2-14-19 Page 3 Mr. Asral stated that many changes will be made ie: function of the two-car garage, removal and relocation of several doors. There being no further testimony from the architect, the public was given the opportunity to as questions as follows: Sean O’Hearen, 48 Greenwood Avenue was concerned with the timing of Mr. Asral’s work and asked if another architect was involved with the project before he was involved. Mr. O’Hearen wanted to know if he considered the changes cosmetic. Mr. O’Hearen had photos which he presented to Mr. Asral as follows: N – 1 Photos of before and after construction Ms. Stone-Doherty explained the photos and when the improvements were made. Sam Piccolo, 71 Central Avenue asked if Mr. Asral if he knew the home was a 1, 2 or 3 family when he was hired. He questioned if the amount of leaders was identified on the home previously. John Leoncavallo, Planner, Sayreville, NJ was sworn in and gave his qualifications and was accepted as a qualified witness. He stated he read the Borough’s Master Plan and reviewed the report from Mr. McDunna. He reviewed the Zoning Districts and the variances which are being requested and the ones that are being eliminated at this point in time. He continued by describing the Use Variance and the surrounding homes in the area which are totally compatible with the proposed application. He continued by discussing the size of this project A – 7 Copy of the Tax Map prepared by Mr. McDunna. Ms. Stone-Doherty asked at this point in time to be carried to the next meeting. Mr. Santoro asked if Mr. Stern had any remarks. Mr. Hall asked if lot areas are provided for one and two family lot at the next presentation. The applicant will return at our next regularly scheduled meeting held on March 14, 2019. 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 and 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. This application was started at the Regular Zoning Board Meeting of January 10, 2019 but not concluded. This application is carried for the continuation of hearing to the Zoning Board of Adjustment meeting agenda of February 14, 2019. ‘ZBA Regular Meeting 2-14-19 Page 4 The follow exhibit was marked. A – 4 Revised Plans, rev. 1-24-19 Hoik Eashian, Architect was previously sworn in at the last meeting. He began by reviewing the pertinent information which includes the front facing garage variance. The Board had suggested the garage be relocated to the side of the house. Mr. Eashian stated the changes were included this relocation. The house was squared off to the left and in the rear a patio and walkway to the backyard of the property was located. The driveway and impervious elements will be removed adding a u-shaped driveway to the left. He believes the u-shaped driveway will improve the movement of cars entering. He then continued by reviewing the layout of the interior of the home. The second floor consists of 4 bedrooms, including one master with a bathroom, the basement level will keep the foundation walls, no additional spaces are being added, and the existing bedroom will be converted to an office and the remainder of the space will be for recreation. Ms. Driscoll disagreed with the bedroom being identified as an office. Currently there is only open space. Ms. Driscoll suggested a ½ bath be planned. The client will remove the closet. Ms. Driscoll reiterated that it be a ½ bath. The applicant agreed with her request. Mr. Eashian now reviewed the exterior elevations stating the design is more appealing. Mr. Santoro stated he likes the design. A suggestion to add several windows to make it more interesting and Mr. Eashian agreed he will add more windows or make groupings. Also shutters can be added. The public was given the opportunity to make comments and ask questions, there being none, the Board began their deliberation. A motion to approve the application as proposed was made by Mrs. DeRosa and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Ms. Salko and Mr. Santoro. 9. NEW BUSINESS – CASE NO. Z 18-033 Christopher & Valerie Librizzi Block: 3502, Lot: 8 35 Green Hill Road Applicants are seeking permission to construct a 1 Story Front Addition, Stepping Stone Walk and the Removal of Existing Flagstone and Brick Walk in an R-2 (Single Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. ‘ZBA Regular Meeting 2-14-19 Page 5 B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew dated 11-8-18. A – 1 Copy of survey, dated 10-18-18 A – 2 Copy of survey to showing improvements A – 3 4 photo pages A – 4 Architectural Plans, prepared by Malone Architects, dated11-7-18 Chris Librizzi and Rita Schmidt, Architect were sworn in. Mr. Librizzi began by describing his home and stated updates are being requested. He continued by reviewing the problems of design that he would like to address with changes proposed with this application. Ms. Schmidt began by reviewing the plans beginning with the first story. She stated she is attempting to keep the windows in conformance with the original windows on the home. There is an existing brick walk. The addition will be on the level of the first floor. She wants to maintain the historic fabric of the area. The property was purchased with the detached garage which was with high impervious coverage. Valerie Librizzi was sworn in and stated that they love their home and wants to keep the historic value of the home. She believes the small addition will enhance the home and make it more livable for the family. Ms. Driscoll believes the walkway on the side should be kept and will be practical. The applicant stated they would appreciate that. The public was given the opportunity to make comments or ask questions. There being none the Board began their deliberation. A motion to approve the application with the walkway as is, 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, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Ms. Salko and Mr. Santoro. CASE NO. Z 18-034 Dan & Jamie McKeever Block: 3301, Lot: 21 47 Laurel Way Applicants are seeking permission to Remove Existing Deck and Patio and Construct a New Deck in an R-1 (Single-Family Residential) Zone requiring relief from Minimum Front yard Setback (Treadwell), Minimum Rear Yard Setback and Maximum Impervious Lot Coverage. B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew dated 11-19-18 A – 1 Copy of survey prepared by Benjamin and Wizorek, dated 4-13-15 A – 2 Architectural Plans, prepared by Jerry Bruno, Architect, dated 11-6-18 ‘ZBA Regular Meeting 2-14-19 Page 6 Mrs. McKever and Jerry Bruno, rchitect were sworn in and she began by explaining the changes that she and her husband believe would improve the home. She believes the changes will bring more character to the home. Mr. Bruno began by discussing the deck and extensive interior and exterior renovations that are being proposed. A small deck that exists will be removed and a patio next to the deck will be removed. A new deck is planned for the length of the home. The property is non-conforming and causes a hardship. The current entry is a front yard setback. The deck will not exceed the length of the house. The deck will be 2’4” high. The exterior of the house siding will be removed and replaced with shingle. The Arts and Crafts style is planned and will be applied to the windows. The impervious coverage is 26.43% and will be reduced to 24.8%. Mr. Santoro reminded the applicant if they replace the fence there is an Ordinance to be adhered to and the applicant would have to come back to the Board. Mr. Hall continued advising the applicant with regard to the fence. There being no public, the Board began their deliberation. A motion to approve the application with the fence condition was made by Ms. Kaar and seconded by Mr. Fitzsimmons. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Ms. Salkio and Mr. Santoro. CASE NO. Z 18-035 Nicholas Mazzocchi Block: 4312, Lot: 1 22 Lathrop Avenue Applicant is seeking permission to Demolish Existing 2-Family Home and Construct New 2-Family Home in an R-4 (Single Family or Two Family Residential) Zone requiring relief from Minimum Front Yard Setback (Orchard), Minimum Side Yard Setback (Left), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. At the request of the Applicant’s Attorney this application will be carried to the March 14, 2019 agenda of the Zoning Board of Adjustment. CASE NO. Z 18-036 Carl & Amber Schultz Block: 1001, Lot: 10 57 Ridgedale Avenue Applicants are seeking permission for the removal and reconstruction of: Failed: retaining Wall, Installation of Fence on the top of Reconstructed Wall, and Reconstruction of a Portion of existing Brick Paver Walkway in an R-4 (Single Family or Two Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage, Wall and Fence Setback, Maximum Height Combined Wall and Fence and Type of Fence Permitted. Mr. Sheehan, Attorney for the applicant requested to be carried to the next regular meeting. ‘ZBA Regular Meeting 2-14-19 Page 7 10. OTHER BUSINESS – The Board and Mr. Hall discussed several issues that applicants bring into the Board with their applications. The Annual Report was discussed and any additions that the Board would like included. 11. ADJOURNMENT: A motion made by Mrs. Driscoll and seconded by Ms. Kaar was heard to adjourn the meeting at 10:40 pm. 1989456 Respectfully submitted, Lorraine Sola Recording Secretary ‘ZBA Regular Meeting 2-14-19 Page 8