Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Special Meeting, March 28, 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 Regular Meeting of the Board held on March 14, 2019, the Board approved a special meeting to be held on March 28, 2019. On March 15, 2019, a copy of the schedule of this 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, Mr. Fitzsimmons, Ms. Kaar, Ms. Salko, Mrs. De Rosa, Mr. DiIonno, Christopher Tomlin ALSO PRESENT: Gary Hall, Attorney EXCUSED: Mrs. Driscoll 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – Regular Meeting of March 14, 2019 Several corrections were made to the minutes. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes with the corrections as noted. 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 18-024 Resolution granting variance application to 127 Kings, LLC, Block: 3801, Lot: 4, 127 Kings Road 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. CASE NO. Z 18-030 Resolution granting variance application to Jose & Betania Batista, Block: 1703, Lot: 5, 10 Howell Street, as amended to only grant a variance from the 2-1/2 story height limit to authorize the existing 3-story design, while eliminating all other variance ‘ZBA Regular Meeting 3-28-19 Page 1 relief, subject to numerous conditions including restoration of two-family use as permitted in a R-4 (Single Family or Two Family Residential) Zone, removal of non-compliant impervious lot coverage, addition of landscaping and modification of a proposed elevated side deck to fully comply with all zoning requirements. This resolution was carried to the April 11, 2019 agenda of the Zoning Board of Adjustment. CASE NO. Z 18-036 Resolution granting variance application to Carl & Amber Schultz, Block: 1001, Lot: 10, 57 Ridgedale Avenue 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. 7. SCHEDULING AND PROCEDURAL MATTERS – The Board Chairman asked the Board members to check their calendars for a possible special meeting to be held on either Monday, April 29, 2019 or Tuesday, April 30, 2019. This date will be set at the April 11, 2019 Zoning Board Meeting. 8. OLD BUSINESS - None 9. NEW BUSINESS - CASE NO. Z 19-002 SL 98 Main Street LLC 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). At the request of the Applicant’s Attorney this application will be carried to the April 11, 2019 Zoning Board of Adjustment agenda. 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. Dr. Paetzell asked to be recused from this application. Dr. Paetzell left his place on the dais. Mr. Gary Hall gave a summary of what is actually being sought with this appeal. ‘ZBA Regular Meeting 3-28-19 Page 2 Mr. Piskula is seeking review and reversal of the decision of the Deputy Zoning Officer, Danny Buckelew. Mr. Thomas Piskula is represented by Mr. Justin Calta, Esq. The neighbors, Mr. & Mrs. Brian Sullivan are represented by Mr. Gregory Castano, Esq. At the beginning of hearing the timeliness of the appeal was addressed. Mr. Danny Buckelew, Deputy Zoning Officer provided expert testimony. The following exhibits were marked: Z-1 Zoning Permit issued 11/26/2018 Z-2 Application for Zoning Permit received 11/26/2018 Z-3 Survey of 18 Valley Road Z-4 Survey of 17 Knollwood Avenue B-1 Piskula – Sullivan Fence Location, Height, Type & Post Location Plan Mr. Buckelew provided a detailed account of the proceedings regarding the fence application and approval given to Mr. & Mrs. Sullivan at 17 Knollwood Avenue. The fence that was installed is a compliant fence with the Borough of Madison Ordinance. It was stated that the Borough of Madison “fence” Ordinance does not mention posts. The posts as depicted in exhibit B-1 shows that the posts are not visible, the fence is compliant and that there is nothing more that needs to be done. Mr. Thomas Piskula, 18 Valley Road, Madison was sworn in. Mr. Piskula conveyed his opinion that the exposed fence posts were visible and an integral part of the fence structure. Mr. Piskula pointed out that Mr. Buckelew’s exhibit B-1 is an incorrect depiction of the existing fences. There was no further presentation from either side in this matter. The floor was then opened to public comment on this matter. Seeing none that portion of the hearing was closed. Mr. Calta gave his closing argument. The Board began their deliberation. Ms. Kaar does not agree with the decision of the Deputy Zoning Officer, Mr. Buckelew; while all other members feel that Mr. Buckelew’s decision in this matter is correct. Motion to deny the appeal was made by Mr. Tomlin, seconded by Mrs. DeRosa. The following roll call was recorded: “Ayes” – Mrs. DeRosa, Mr. Fitzsimmons, Ms. Salko, Mr. Santoro, Mr. Tomlin and Mr. Di Ionno “Nays” – Ms. Kaar “Recused” – Dr. Paetzell Dr. Paetzell returned to his seat at the dais at 8:58pm. A five-minute break was taken at 9:00pm, the meeting resumed at 9:05pm with all members present. ‘ZBA Regular Meeting 3-28-19 Page 3 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. Mr. Nino Coviello, Esq. representing the applicant gave a brief description of the application before the Board this evening. The following exhibits were marked: A-1 Site Plan prepared by ABC Surveys, LLC, dated 01/23/2018, revised 06/20/2018 and further revised on 2/21/2019 A-2 Proposed 2-Family Dwelling Plans Consisting of 2 Sheets prepared by ASA Design Build, dated 6/14/2018, revised 6/20/2018, further revised on 2/14/2019 A-3 Color Photos of Existing Home at 22 Lathrop Avenue A-4 Artist Concept of Proposed Home B-1 Letter of Denial from Deputy Zoning Officer, Danny Buckelew, dated June 21, 2018. Ms. Marjorie Roller, ASA Design Build, 23 Green Village Road, Madison was sworn in. Ms. Roller began by giving a description of the current site and conditions of the home at 22 Lathrop Avenue. She stated that the applicant is seeking to construct a 3 bedroom 2 bath duplex on the existing lot. The home in its current condition as shown in exhibit A-3 shows stress and foundation cracks along with mold on the exterior of the home. The new structure as shown in exhibit A-4 will be an upstairs/downstairs duplex consisting of 3 bedrooms and 2 bathrooms in each. Each will have a front porch which increases the impervious lot coverage. Ms. Roller stated that the proposed bedrooms are not very large on each floor of the duplex. Mr. Santoro stated that six bedrooms on a 50-foot lot, is a large allocation of bedrooms for this size lot. Mr. Tomlin asked if there was egress from the basement windows. Ms. Roller stated that there was not. Mrs. DeRosa stated that she believes this is an excessive use of the land. Ms. Roller stated that improvements are being made to the entire neighborhood and that the applicant is trying to keep up with the neighbors that have been granted improvements on their properties. ‘ZBA Regular Meeting 3-28-19 Page 4 Ms. Kaar pointed out that the dining area is only 9ft wide. Ms. Roller stated that the home as presented is not an overly robust home. Ms. Roller stated that she does not think that a larger 2-bedroom home is what is needed or wanted in this area. Mr. Andrew Clarke, 466 Southern Boulevard, Chatham was sworn in. Mr. Clark referred to Exhibit A-1 during his testimony. Mr. Clarke described the existing home as well as the proposed 2-family home. Each duplex will consist of a front porch and an attached garage. Each unit will have two parking spaces. The new home will have a proposed drywell, a small < 2-foot retaining wall and a brick paver drive. It was determined during hearing that an additional variance for front yard setback for the air conditioning units facing Orchard Street would need to be paid for. Landscaping was discussed. The question of a single family versus a two family home was raised by the board. This will be answered by the Planner. Again the concerns voiced earlier by Mr. Santoro of the number of bedrooms on this size lot was addressed. Mr. Tomlin questioned on where the children would play? The building mass should be reduced. The Board would like to see a revised site plan as well as a landscaping plan. Mr. Hall asked if there was any member of the public that had any questions for Mr. Clarke, seeing none that portion of the hearing was closed. Mr. Santoro gave a summary to Mr. Coviello and his professionals as to what the Board is looking for on this application upon their return. Mr. Coviello asked for a brief recess to speak with his client at 10:00pm. The Board resumed hearing at 10:10pm with all members present. Mr. Coviello stated that he will present revised plans at the April 11, 2019 meeting of the Zoning Board of Adjustment. 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. B-1 Letter of Denial from Deputy Zoning Officer, Danny Buckelew, dated November 21, 2018. A-1 Proposed Site Plan prepared by Robert Roselli, dated November 12, 2018 The proposed site plan was discussed by Mr. Roselli as presented in the application packages to each Board member prior to this evening’s meeting. Mr. Rosselli stated ‘ZBA Regular Meeting 3-28-19 Page 5 that the applicant is only slightly increasing the nonconforming impervious lot coverage that already exists from 26.4% to 26.7 %. After some Board discussion it was determined that the impervious ratio should be increased to 27% to allow for a modification in the walkway around the pool area for safety purposes. The applicant was also asked to consider moving the existing spa and the inclusion of landscaping. The applicant has agreed to show the modifications discussed this evening on revised plans to the Board Office for accuracy. There were no members of the public present for comment on this matter. The Board began their deliberation. Motion to approve this application as presented this evening with the modifications as noted was made by Ms. Kaar, seconded by Mr. Tomlin. The following roll call was recorded: “Ayes” – Mrs. DeRosa, Mr. Fitzsimmons, Ms. Kaar, Ms. Salko, Mr. Santoro, Mr. Tomlin and Mr. Di Ionno “Nays” – None 10. OTHER BUSINESS – The Annual Report was discussed along with several recommendations that the Board would like to see included and sent to the Governing Body which includes clarifying the fence ordinance. 11. ADJOURNMENT: A motion made by Mrs. Driscoll and seconded by Ms. Kaar was heard to adjourn the meeting at 10:50 pm. Respectfully submitted, Frances Boardman Recording Secretary ‘ZBA Regular Meeting 3-28-19 Page 6