Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, May 9, 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, Ms. Kaar, Mrs. DeRosa, Mr. Dilonno, and Ms. Salko EXCUSED: Mr. Fitzsimmons and Mr. Tomlin ALSO PRESENT: Gary Hall, ZBA Attorney 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. Regular Meeting April 11, 2019, Special Mtg. March 28, 2019 There was one correction made to April 11, 2019 Minutes as follows: Page 6, 1st paragraph, 4th line down, add to “ the pool area for safety purposes. There were no corrections made to March 28th Minutes. The following Resolution was distributed to all Board members for their review. 6. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. Z 19-010 Resolution granting variance application to Chris Riccobono & Amy Parillo, Block: 4201, Lot: 11.02, 85 Green Avenue to construct the Expansion of and Addition of a Roof to a Previously Approved Uncovered Porch, Modified Size of a Previously Approved Pool and Surrounding Patio Area (Zoning Permit Application # 18-294), Added Pool Fence, Exterior Fire Place and Drywell (System No. 2) in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. 7. SCHEDULING AND PROCEDURAL MATTERS – 98 Main Street, will be noticed when the applicant schedules a date. 8. OLD 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), ZBA Regular Meeting - 5-9-19 1 Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. At the request of the Applicant’s Attorney this application will be carried to the June 13, 2019 ZBOA agenda. The applicant will need to re-notice for this meeting. 9. NEW BUSINESS – CASE NO. Z 19-005 Prashant & Heather Reddy Block: 3904, Lot: 24 26 Beverly Road Applicants are seeking permission to construct a Deck with Pergola, Sidewalk, 1 Story “Workshop” Addition, Minor Driveway and Curb Modifications in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. Mr. and Mrs. Reddy and Douglas Miller, Architect with AAS Architecture were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison deputy Zoning Officer, Daniel Buckelew dated 1-17-19 A – 1 Copy of Survey, dated 12-12-14 A – 2 Copy of survey with proposed improvements added A – 3 Architectural Plans prepared by Mr. Miller, dated 11-29-18, 4 sheets A – 4 Two photo sheets showing views of the house A – 5 Revised sheet A – 1 A – 6 Colored photo board Mrs. Reddy apologized for not attending the meeting last month. Mr. Reddy began by describing the application and the need for a workshop to perform his hobby. He gave his reasons for wanting the workshop. He stated that they worked with the neighbors in the location of the addition. Mr. Miller began by explaining the workshop and its function. It will be and a dust collection system will be provided with a sound collection system. He then walked thru the plans which included a pergola. He then walked thru the floor plans. He pointed out where the workshop will be located and also the pergola. He then reviewed the elevations. The shingles will match which presently exists on the home. The roofline will match which also exists. The cars will be taken out of the driveway and then stored in the garage. The planned size of the workshop will be 22 x 13.5 feet. The rear yard is comprised of many mature trees and shrubs which will screen any views from the neighbors. The stormwater management system planned was guided by Bob Vogel and Frank Russo of the Borough of Madison. The existing drywells were overflowing, so new drywells are planned and the applicant will confer with the Borough Engineers. Mr. Miller believes the benefit of this application is removing dust and noise. Mr. Santoro believes this structure can be utilized by a new owner as additional living space. Mr. Miller stated he spoke to Daniel Buckalew and was given his guidance. There was a discussion regarding the lack of a hardship. Mr. Miller stated A – 1 has been updated with stormwater management At this point in time, the public commented as follows: Sandy Drew, 27 Norman Circle, addressed the fact that she received a letter and then inquired at the Borough, she requested a copy of the plan. She visited with Mr. Russo and he was well aware of issues on Norman Road. She stated there are drywell ZBA Regular Meeting - 5-9-19 1 problems that involve non-functioning drywells. She began to discuss the groundwater situation on Norman Circle. She supports the project but wants assurance that the drywell issue is resolved. There are no storm-drains on the street. She discussed the problems on this street. Kris Marino, 31 Norman Circle, has water issues, she has 3 pumps which run consistently pumping out to the street. Mr. Santoro requested that the applicant work with the neighbors and an Engineer did work with the applicant with regard to Stormwater Management. Mr. Miller suggested the applicant tie their system into their front stormwater management system. Mr. Santoro suggested a licensed Engineer be contacted by the applicant. It was suggested that the applicant return with solutions to the existing water problems at the next Regular ZBA meeting. CASE NO. Z 19-011 Michelle Godfrey Block: 707, Lot: 34 16 Hunter Drive Applicant is seeking permission to construct a Two-Story Addition in an R-3 (Single- Family Residential) Zone requiring relief from Minimum Side Yard Setback and Maximum Principal Building Coverage. Van and Michelle Godfrey were sworn in and the following exhibits were marked. B – 1 Letter of Denial dated 2-2819 from Borough of Madison, Frank Russo, Zoning Officer A – 1 Survey prepared by Lakeland Surveys, dated 6-19-18 A – 2 Set of photos, 5 property A – 3 Architecturals prepared by Jim O’Brien Architect, LLC dated 3-22-19, 6 sheets Mrs. Godfrey began by explaining that the additional space is required for her growing family of 5 children. Additional bedrooms are needed along with storage space. They also need room for child care person, being that both parents work. The applicant did search for other alternatives, however, increasing the space was agreed upon. Jim O’Brien, Architect was sworn in and Michelle Godfrey began by reviewing A – 3, Sheet C-1. She pointed out the rear where the addition will be constructed, mud room, laundry room and a full bathroom is planned. She continued stating that directly above that space would be a master bedroom and bathroom. She explained the roofline will be a little higher than the existing roofline. It is 23 feet in height. She pointed out the roof plan. She also reviewed the plan on how the interior is being dissected. Ms. Salko asked if they have any water problems on the land, Ms. Godfrey stated there are no water issues. She then reviewed the photos (A – 2) that were taken by the architect which depict the location behind the garage and showed the angle of the lot. Ms. Salko asked if the applicant is planning on installing a drywell, Mr. Hall stated it is required on any addition over 400 feet. The applicant is willing to comply with any requests that the Board poses. Mrs. Driscoll stated that where and how the house is located is the hardship. The architect agreed upon the addition of the drywell. Mr. Santoro stated that the Borough Engineer should be contacted with regard to the drywell. ZBA Regular Meeting - 5-9-19 1 There being no additional testimony from the applicant, the public was given the opportunity to ask questions or make comment as follows. John Pivarnik, 20 Hunter Drive was pleased with the application and is looking forward to it being built. There being no other comments, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that a drywell be installed with the Borough Engineer’s guidance. A motion to approve the application was requested by Ms. Kaar and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa. Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, and Mr. DiIonno. CASE NO. Z 19-012 Charles Mack Block: 906, Lot: 9 8 Longview Avenue Applicant is seeking permission to construct a 2 Story Addition, 1 Story Addition, Removal and Reinstalling of Existing Rear Yard Paver Patio with Sidewalk, the Widening of a Portion of Existing Asphalt Driveway and Drop Curb, Continuation of an Existing Accessory Structure with Non-Conforming Side Yard Setback in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Accessory Structure Setback. Mr. Charles Mack was sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison, Deputy Zoning Officer, Daniel Buckelew, dated 3-22-19 A – 1 Plan prepared by Washington Architectural Group, dated 3-14-19, rev. 5-3-19 A – 2 Photos 1 sheet Mr. Mack began by describing the locations on the home where he desires expansion. The front door leads into the home directly, so the applicant desires a mud room. The applicant would also want additional space so the mud room will be added behind the garage, the house will be squared off. An extra bedroom will bring the total to 4. People can walk through the garage to get to the mud room. A shed is planned and will be located where the old shed was located. It will be used for storage due to the small size of the garage. Mr. Santoro requested that the foundation be removed, relocate the shed with the proper setback, and not go over the impervious coverage. Mr. Mack stated that the plans do include the requests from the Board. The planting beds will be removed including the stone which exists. Mr. Santoro discussed the fence and it has to be replaced with a conforming fence if the applicant wants to replace it. There being no further testimony from the applicant or the Board, the public was given the opportunity to ask questions or make comments. Mr. Hall pointed out the variance which would be needed if the driveway is changed or widened. Mr. Santoro stated a variance for the driveway would be issued for the minimal change in width. There being no public comment, the Board began their deliberation. The consensus of the Board was to approve the application with the fence, shed and driveway changes. A motion to approve the application with the conditions discussed was made by Mrs. DeRosa and seconded by Mrs. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa. Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, and ZBA Regular Meeting - 5-9-19 1 Mr. DiIonno CASE NO. Z 19-013 Scott & Melissa Waterstredt Block: 4004, Lot: 10 115 Pomeroy Road Applicants are seeking permission to construct (1) 2nd Story Addition (Side); (1) 2nd Story Cantilevered Addition (Rear), (1) 1 Story Addition (Rear), and Covered Entry Stoop with Steps in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Samson), Minimum Side Yard Setback (Left), Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Mr. and Mrs. Waterstredt were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison, Daniel Buckelew, Deputy Zoning Officer, dated 4-4-19 A – 1 Copy of survey prepared by Benjamin & Wizorek, dated 5-26-15 A – 2 Plans prepared by East West Architects, Nick Bensley, A1 and A2 dated 4-1-19 A – 3 5 Photos Mr. Waterstredt began by stating the home needed improvements. Some work was done, however, the sunroom has to be redone and needs a new entrance. The upstairs a master bathroom is planned and a 4th bedroom will be added in the rear of the home. The final piece is the expansion of the mud room in the rear. There being no further testimony and no public input, the consensus of the Board was to approve the application as submitted. A motion to approve the application with the conditions was made by Dr. Paetzell and seconded by Mrs. Driscoll A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa. Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, and Mr. DiIonno Mrs. Driscoll then commented that the house is placed diagonally on the lot and is the reason for the variances that are required. This makes for several hardships that exist. Mrs. Driscoll believes this will improve the look of the home drastically. CASE NO. Z 19-006 Kyle & Christy O’Connor Block: 4309, Lot: 15 10 Sunset Place Applicants are seeking permission to construct a Front 1 Story Front Open Porch in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Side Yard Setback. Due to a revision in plans this application will be carried to the June agenda of the Zoning Board of Adjustment. The applicant must notice for the new scope of work in this application and the new Zoning Board hearing date. CASE NO. Z 19-008 Richard & Kathleen Bartley Block: 3701, Lot: 8 46 Green Avenue Applicants are seeking permission to construct a Rear 2 Story Addition with Left and Right Side of Addition being 1 Story, and Drywell. Applicants will also remove a portion of Existing Rear Paver Patio in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Set Back, Maximum Principal Building Coverage and ZBA Regular Meeting - 5-9-19 1 Maximum Impervious Lot Coverage. At the request of the applicants this application is being withdrawn. CASE NO. Z 19-009 Raffaele Bernardo Block: 2301, Lot: 3 322 Main Street Applicant is seeking Preliminary and Final Site Plan with Variances to permit the construction of two (2) dwelling units in the rear portion of the property in the CC (Community Commercial) Zone requiring relief from Use, Maximum Number of Stories, Maximum Floor Area Ratio and Minimum Side Yard Set Back. At the request of the Applicant’s Attorney this application will be carried to the June 13, 2019 ZBOA agenda. The applicant will need to re-notice for this meeting. CASE NO. Z 19-014 Benjamin La Ferriere Block: 506, Lot: 9 29 Myrtle Avenue Applicant is seeking permission to construct One Story Addition, New Front Porch in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Due to insufficient noticing this application will be carried to the June 13, 2019 agenda of the Zoning Board of Adjustment. 10. OTHER BUSINESS – Ms. Salko questioned a previous application and Gary Hall explained and quoted the Resolution. 11. ADJOURNMENT –The meeting was adjourned at 9:50 pm by a motion made by Mrs. Kaar and seconded by Mrs. Driscoll. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting - 5-9-19 1