Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, March 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 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: Mr. Santoro, Dr. Paetzell, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Mrs. DeRosa, and Mr. Dilonno EXCUSED: Ms. Salko and Mr. Tomlin ALSO PRESENT: Russell Stern, Planning Consultant Frank Russo, Assistant Borough Engineer 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. There was one misspelling. 5. MINUTES FOR APPROVAL – Regular Meeting of February 14, 2019 6. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. Z 18-031 Resolution granting variance application to Xian Sun, Block: 1001, Lot: 41, 102 Central Avenue 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. CASE NO. Z 18-033 35 Green Hill Road 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. CASE NO. Z 18-034 ZBA REGULAR MTG 3-14-19 1 47 Laurel Way 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. 7. SCHEDULING AND PROCEDURAL MATTERS – A special meeting was scheduled for March 28, 2019 to clear up the Agenda and was approved by Ms. Kaar and Mrs. Driscoll 8. OLD BUSINESS – 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 has been withdrawn at the request of the applicant’s attorney. 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 was carried to the March 14, 2019 meeting of the Zoning Board of Adjustment. The applicant is to re-notice for this meeting. Mr. Chiarolanzio began by submitting two additional exhibits. A – 8 Revised Architecturals rev. 2-6-19 A – 9 Revised Site Plans B – 3 Russell Stern Memo updated 3-10-19 B- 4 Frank Russo Memo 2-25-19 Mr. Robert Scalia, Architect described the changes which were made to his plans in detail, building coverage, habital space, changes on building three BR to 2 BR, two front doors placed closer together making a visual single look, dormers reduced from 4 to 2. ZBA REGULAR MTG 3-14-19 2 Mr. Robert Scalia used two exhibits to show the different views of the buildings. He described the changes using the exhibits which were marked. He continued his description of the front view showing the entry to the building and stated it allows a certain amount of privacy. Mr. Stern suggested a common hallway and asked if there is a better design to this front entry. A described the dormers and stated they are for aesthetic purposes. There is no access to the attic except for a set of pull down stairs. The building was made 10 feet narrower. The highlights are that the building is now smaller. Dr. Paetzell questioned the firewall which was constructed for safety and privacy as stated by Mr. Scalia. Mr. Stern asked what can be done to diminish the mass of the structure. Mr. Scalia replied stating that the proportions are the correct size for this size building. Mrs. DeRosa asked if anything can be done to the front portico. He believes this is the best design for this building. The public was given the opportunity to ask questions, being none, the next professional was ready to testify. The conversation continued regarding other aspects of the design. Richard Keller, Engineer/Planner began by describing the engineering changes to the project. He gave a brief recap of the plans and described the location of the project and the surrounding buildings, single family and multi- family homes. An auto business is nearby and he stated it is a hodge-podge of various uses. The plot is larger than most of the lots in the area. The lot is irregular in shape and shorter on one side, it is 101.8 sf. He continued by giving the dimensions of the lot. He believes this use is transitional between the residential and commercial uses. The house was proposed for 58.8 and is now proposed for 48 feet wide and conform to both of the side-yard setbacks. Four spaces will be provided in the rear for additional parking. The front porch will be kept as proposed in the prior plan. A – 10 Aerial photo, dated 3-10-19 Using this photo, Mr. Keller pointed out that the house has been moved back 25 feet and is not out of character of those on the street. The rear yard is 37.9 feet, where 40 feet is conforming. The lot coverage was also reduced. Mr. Russo asked if Mr. Keller had any comments with regards to his memo, Mr. Keller stated his client will provide a full grading plan. Will someone be responsible for maintenance of the building. Mr. Keller stated he will consent to all issues in Mr. Russo’s memo. The AC units will be housed in the rear in a pad. The applicant believes this proposed building is a good building as a transitional project for this area. Mrs. Driscoll stated the building is way over the size for this specific lot. Mr. Keller stated the driveway is driving the lot coverage deviation. He stated the economic benefit is not driving the proposed project. Mr. Santoro stated the drywell will be located in the front of the property and suggested that a trench drain be installed also in the front and capture water to a collection system. A plan should be submitted with a drainage system installed. Mr. Stern asked if any plantings will be installed and Mr. Keller stated his client will ZBA REGULAR MTG 3-14-19 3 provide a Landscape Plan with all required requests from Mr. Stern. The fence was discussed and Mr. Keller stated the fence will be pulled back in the rear and 50% open. The public was given the opportunity to question Mr. Keller. There being none, Mr. Keller began his testimony as a Planner and was qualified as that. He began by reviewing the D-1 Variance and its requirements. He gave the reasons for this site not being acceptable for a single family home. He stated the benefits outweigh the detriments of this project. He continued reviewing the benefits of this proposed project. Mr. Stern believes Mr. Keller has put together a good plan. He stated this is a mixed zone and some of the homes across the street are old in design and will be converted in the future. The design conforms to the Borough’s current standards. Mr. Hall asked if the firewall would be concrete, however, Mr. Keller stated it would be constructed of other materials not concrete. Mr. Hall questioned the driveway’s width and Mr. Keller explained the reason for the planned width and Mr. Stern agreed. There being no additional testimony, the public was given the opportunity to question this witness. The public was given the opportunity to make comments. There being none, Mr. Chiarolanzio began his summary in which he supported the proposed plan stating the area is mixed and this project would fit in well. The comments from the Board were taken into consideration and adhered to as suggested. Mr. Santoro reviewed the conditions that would be part of the Resolution ie: Number of dormers, firewall, fencing, reduction of the front walk, trash and AC area in the rear, design a system to capture water and trench drain to drywell, agree to all points in Mr. Russo’s memo, agree to install a stone base around front and side of house, Landscaping Plan with a one year warranty. The Board now began their deliberation. The consensus of the Board was to approve the application with all of the conditions as reviewed. A motion to approve the application was made by Dr. Paetzell and seconded by Ms. Kaar. A roll call vote was recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Mr. Santoro and Mr. DiIonno 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 was started at the Regular Zoning Board Meeting of January 10, 2019 but not concluded. This application was continued at the hearing to the Zoning Board of Adjustment meeting agenda of February 14, 2019 but not concluded. This application is carried to the March 14, 2019 Zoning Board of Adjustment meeting. Ms. Stone Doherty began by stating that the application will be amended to as it exists as a two family dwelling and will greatly reduce the existing impervious ZBA REGULAR MTG 3-14-19 4 coverage and building the deck in compliance and leaves only one variance. There is one condition that will be addressed. Mr. Fred Meola, Engineer was called and he had a revised plan. A – 8 Revised Parking and Proposed Exhibit dated 3-12-19 Mr. Meola began by stating the plan is now a two family home with two - 2 bedroom units, it will require three parking spaces and pointed out their locations on the plan. There will be no parking behind the building. Trash, recycling and AC will be located in the rear. He continued by describing the water management that will include a trench drain. Lot coverage has been reduced to 37.5% and bituminous paving is planned. The trench drain will act as curbing and will start in the rear and follow to the front. The driveway will be a little tighter when entering. The deck is 18 feet and Mr. Stern stated it will be cut back by 6 feet. There is curbing and it will be removed, it does encroach upon the neighbor’s property five feet. Two pipes that exist through the curb and will be connected to the proposed piping and several yard drains will be installed. The Borough Engineer will review any proposed stormwater plan. Mr. Russo stated that Mr. Meola’s plan is acceptable. The public was given the opportunity to question the Engineer. The next witness was called. Mr. Doug Asral, Architect and the following exhibit was marked. A – 9 Architectural Plan rev. 3-12-19, set of 4 sheets Mr. Asral reviewed the Architectural Plan pointing out the rooms which are being planned and will connect to the owner’s residence. The configuration eliminates the kitchen and will leave a wet bar. The home office will be moved to the second floor. The third floor area is 616 sf and will be considered an attic and a closet exists. The deck 20 x 12 will stay within the limits of the setbacks and will come off of the existing door on the second floor. Mr. Hall stated there is an adjustment that should be noted. Sconces exist on both sides of the doors for lighting. The stove will be removed on the ground floor area leaving only a refrigerator and sink. All permits will be obtained from the Borough which was a condition of the application. A doorway will be added to the ground floor space. The one of the electrical meters was eliminated and the tenant will be leaving shortly. The public was given the opportunity to question the architect as follows: Sam Piccolo, 71 Central Avenue, Madison questioned if the existing building is the same when it was purchased. Ms. Stone-Doherty explained that no changes have been done when the applicant purchased the home till presently. Only interior modifications were made. Mr. Santoro stated the Borough will inspect the site and insure that any work performed is up to code. Mr. Stern stated that the applicant has adequately made the changes and there is no detriment to the Borough Ordinance. Mr. Santoro wants to insure that all Borough Professionals are granted access to inspect the home, for plumbing, electric and apply for a Zoning Permit for a two family. The third party resident will be moved by April 1, 2019. ZBA REGULAR MTG 3-14-19 5 Mr. Russo stated maybe the Board will consider a Bonding for the stormwater. He stated an inspection will not be needed. Mr. Stern reviewed the changes that he believes should be made. The public was given the opportunity to make comments as follows: Mr. Sam Piccolo, 71 Central Avenue, Madison disagreed with the application and he believes it does not make sense. Kathy Scheier, was curious of the modifications that are being made. Mr. Hall stated if anything is not being enforced as per the Resolution, a complaint can be filed. Sean O’Hearen, 48 Greenwood Avenue, was in support of the application and the meter has been removed. He stated there are rodent issues in the neighborhood. Sam Piccolo, 71 Central Avenue, question whether there will be a Deed Notice in the records in Morristown. Shannon Holland, questioned the re-paving of the driveway, and the gravel is considered impervious. Liz Morrison, 9 Locust Street, supports the application and would like updates on the driveway. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Mr. Santoro and Mr. DiIonno 9. NEW BUSINESS: 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. 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 ZBA REGULAR MTG 3-14-19 6 Coverage, Wall and Fence Setback, Maximum Height Combined Wall and Fence and Type of Fence Permitted. Mr. Bartholemew Sheenan, attorney representing the applicant reviewed the application and what took place in the past. Privacy fencing collapsed and the retaining wall has been present since the 1980’s. The wall failed beneath the fence on Lot 1 and straddled the property line of Lot 2. It provided privacy and it also stabilized the lots. The applicant wants to install a new fence and will be located on Lot 1. The relief includes increase in the impervious coverage. A variance is necessary for the height. The new wall and fence will be 6 feet and 8 feet. A solid fence requires a variance. The setback will be one foot. He continued by explaining the need for this application and several individuals will be witnesses. Mr. William Hollows, Lic. Engineer, was accepted as a professional and sworn in. The following exhibits are marked as follows: B – 1 Memo from Borough Engineer Robert Vogel A – 1 Plans Mr. Hollows, rev. 12-5-18 A – 2 Survey prepared 12-11-18 A – 3 Colored Sheet 2, prepared by Mr. Hollows Mr. Hollows began by explaining where the property is located and the condition of the wall and it is a block wall with no reinforcement. A block wall is proposed and in the front yard is a 4 foot fence and as it continues to the rear it will be 6 foot to the back property line. It provides privacy for the patio. A portion of the walkway is also failing. Any calculations will be submitted to the Borough Engineer for his approval. The tree that exists will try to be saved, however, if not, a new tree will be planted. The applicant and the next door neighbor on Lot 2 have setup a temporary access to enter into the property to construct the new wall. The view of the neighbor of the fence will be 10 feet. This fence was installed for privacy. The wall should start parallel with the side of the house and continue and end at the existing fence at the end of the house. Yeok Yong, 35 Walnut Street, Lot 2, signed an agreement to access through his propertry to construct the wall. A building permit is required. There being no further testimony from the applicant or the Board, A motion to approve the application was made by Mrs. Driscoll and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. DeRosa, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Mr. Santoro and Mr. Dilonno. CASE NO. Z 19-002 SL 98 Main Street LLC ZBA REGULAR MTG 3-14-19 7 Block: 1802, Lot: 11 98 Main Street Applicant is seeking permission for a Use Variance to permit Mixed Use Development of the property in the Central Business District 1 and Central Business District 2 to allow a Mixed Use Development of the property (Residential Units in addition to the Existing Bank Use). Carried to the Special Meeting scheduled for 3/28/19. CASE NO. Z 19-003 Morgan Crooks & Aimee Lenar Block: 4402, Lot: 15 1 Colonial Way Applicants are seeking permission to construct an In-Ground Pool, Pool Equipment, Expansion of Existing Brick Paver Patio, Storm Water Management System, UCC Compliant Fence and Landscaping in an R-1 (Single Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. CASE NO. Z 19-004 Thomas Piskula Block: 907, Lot: 11 18 Valley Road Applicant is seeking an Appeal of the Administrative decision of an Administrative Officer pursuant to N.J.S.A. 40:55D-70(a) concerning a fence installed on property situated at 17 Knollwood Avenue, Madison, New Jersey Block: 907, Lot: 5 in an R-3 (Single Family Residential) Zone. The applicant’s property is situated at 18 Valley Road, Madison, New Jersey Block: 907, Lot: 11 in an R-3 (Single Family Residential) Zone and is adjacent to the property in question. 10. OTHER BUSINESS – 11. ADJOURNMENT: The Board adjourned the meeting at 10:58 with a motion made by Ms. Kaar and seconded by Mrs. DeRosa. Lorraine Sola Recording Secretary ZBA REGULAR MTG 3-14-19 8