Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, June 13, 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, Ms. Kaar, Dr. Paetzell, Mrs. Driscoll, Mr. Tomlin and Mr. Fitzsimmons and Ms. Salko ALSO PRESENT: Mr. Gary Hall, Board Attorney 4. PLEDGE OF ALLEGIANCE The following minutes were distributed to all Board members prior to this meeting for their review. There were two corrections; the Board Secretary submitted a marked up copy with her changes. 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 May 9, 2019 The following Resolutions were distributed to all Board members prior to this meeting for their review. There were no corrections or additions. 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 19-011 Resolution granting variance application to Michelle Godfrey, Block: 707, Lot: 34, 16 Hunter Drive, 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. CASE NO. Z 19-012 Resolution granting variance application to Charles Mack, Block: 906, Lot: 9, 8 Longview Avenue 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 ZBA REG MTG 6-13-19 1 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. CASE NO. Z 19-013 Resolution granting variance application to Scott & Melissa, Block: 4004, Lot: 10 115 Pomeroy Road 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. 7. SCHEDULING AND PROCEDURAL MATTERS – A Special Meeting was scheduled for Monday, June 24, 2019 to hear the SL 98 Main Street, LLC application only. A Resolution was voted upon by all Board members with a voice vote of aye in approval of this meeting. 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), 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. Mr. Nino Coviello, attorney for the applicant reviewed the issues and solutions discussed at the meeting of March 28, 2019 to include a professional landscaping plan, a reduction in the number of bedrooms in each of the two units to two (four bedrooms in total), and reduced building mass in rear garage portion of the structure. Minor modifications were made to the interior layout to improve the dining/living room space and provide a modest amount of storage space on the second floor over the garage. The changes remove the ability to create a third bedroom in the units. The first witness, Marjorie Roller, Architect, reviewed the above changes (sheets A-100 and A- 200). Next, Andrew Clarke, Engineer, reviewed changes to the Site Plan. Mr. Clark also reviewed the landscape plan due to the applicant’s landscape architect not being in attendance. Mr. Santoro suggested a condition that: a) the landscape plan be reviewed by the Board’s Planner, Mr. Stern, who is a licensed landscape architect; b) Mr. Stern conduct a compliance review prior to the issuance of a certificate of occupancy; and c) the applicant shall post with the Borough $500 towards the cost of Mr. Stern’s services (any excess to be returned). The applicant agreed to the condition. ZBA REG MTG 6-13-19 2 Paul Ricci, Certified Planner was next to testify. The following exhibit was marked: A – 8 4 pages of photos – an aerial photo included Mr. Ricci presented arguments justifying the granting of an approval based on the characteristics of the lot, the proposed design and the parking solution (a maximum of 4 cars can be accommodated) vis-à-vis the composition and characteristics of the zone and the neighborhood. Given the existing structure has many satellite dishes mounted on the roof and facade, Mr. Santoro requested a condition of no more than one satellite dish per unit. There being no further testimony from this witness, the public was given the opportunity to ask questions or make comments as follows: Michael Piano, on behalf of his mother, Frances, the family supports this project. Christy O’Connor, 10 Sunset Place, indicated her support of the application. There being no further testimony by the Board or public, the Board began their deliberation. The consensus of the Board was to accept this application as revised and submitted. Motions to approve this application were made by Dr. Paetzell and seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr. Tomlin. 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. This application was started at the May 9, 2019 ZBOA meeting but not concluded. Heather Reddy was sworn in at the prior meeting. A discussion was had reviewing the status of the application. At the previous meeting, the Board requested the applicant return with a storm water management solution due to testimony that revealed that the existing drywell system was non-functional (i.e., no soil peculation) and had been disconnected. This exacerbated severe wet conditions at the rear of the property, thus impacting neighboring properties. (More than one neighbor to the rear on Norman Circle testified and requested remediation). The applicant testified as to the actions taken: B – 2 New Drainage Plan approved by Robert Vogel, Borough Engineer The applicant presented a plan submitted to, and approved by, Bob Vogel, Borough Engineer, which will capture all roof leaders, including the proposed workshop structure, and convey it to ZBA REG MTG 6-13-19 3 the Borough storm system on Beverly Road. The Board took the view that the storm water plan constitutes considerable positive criteria in consideration of the requested variances. As a condition, the applicant agreed to install special windows designed to attenuate noise, as well as a system designed to capture dust, both measures to be installed prior to the issuance of a Certificate of Occupancy. There being no further testimony by the applicant and no questions from the Board, the public was given the opportunity to ask questions as follows: Sandy Drew, 27 Norman Circle, commented in support of the project. A motion to approve the application as presented with the improvements 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, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Ms. Salko and Mr. Santoro. 9. NEW BUSINESS – 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. Kyle and Christy O’Connor 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 1-10-19 and revised 1-13-19 A – 1 Plans prepared by Ralph Finelli, Architect dated 4-23-19 A – 2 Map of survey prepared by Thomas Strong Associates, dated 3-30-19 A – 3 Set of 5 photos of existing home. Mrs. O’Connor described a lengthy and extensive process to remodel the home, which included the removal of asbestos. During the process, it because necessary to replace the contractor, which led to several design changes. The design changes include expansion to the right front 2nd floor of the structure, creating new rooflines, and an expanded front porch with a decorative metal roof. The Board took a favorable view of the proposed front elevation. The Board had no further questions and the public was given the opportunity to ask questions as follows: Michael Piano, 40 Lathrop Avenue, commented in support of the application. ZBA REG MTG 6-13-19 4 There being no questions from the public, the Board began their deliberation. The consensus of the Board was to approve the application as presented. 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: Mrs. DeRosa, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell Ms. Salko and Mr. Santoro 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 July 11, 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. Mr. LaFerriere 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 3-13-19 A – 1 Color photo A – 2 Black and white photos, 2, one front yard A – 3 Photo of rear yard A – 4 Survey prepared by James Deady, dated 6-14-17 A – 5 Plot Plan prepared by Alex Polito Mr. LaFerriere began by explaining what he is looking for with this application. He wants to brighten up a dark front entry way. He also wants to enhance the appearance of his home. There is an existing 38.2% impervious coverage when he purchased the home. His changes will increase the impervious coverage. Mrs. Driscoll asked if the applicant would remove some of the areas that would decrease the coverage. Especially the area next to the garag3 leading to the hot tub. Mr. LaFerriere stated he does use that area, however, he would be happy to reduce it and by doing so, it would bring the impervious coverage back down to 38.2%. He agreed to install lawn and stepping stones. Ms. Salko asked if the AC units existed where they are presently located when he purchase the home and Mr. LaFerriere replied they were. Mr. ZBA REG MTG 6-13-19 5 Santoro stated that the paving has to be removed before a CO is issued. Mr. LaFerrier agreed. There were no members in the public present. That being so, the Board began their deliberation. The consensus of the Board was to approve the application as presented with the agreed upon conditions; removal of the impervious coverage area and installation of lawn and stepping stones. A motion to approve the application was made by Mr. Fitzsimmons 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 19-015 Gregory J. Clark Block: 2302, Lot: 3 334 Main Street 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 Zoning Permit Application Denial Letter issued by Zoning Officer, Frank Russo dated June 28, 2018. At the request of the Applicant’s Attorney this application will be carried to the July 11, 2019 agenda of the Zoning Board of Adjustment. 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). Special Meeting scheduled for this application on April 30, 2019 was withdrawn by applicant, a new date will be determined, noticing will be required for this application. 10. OTHER BUSINESS – There was No Other Business. 11. ADJOURNMENT - The meeting was adjourned at 9:50 with a motion made by Ms. Kaar and seconded by Mrs. Driscoll. Respectfully submitted, Lorraine Sola Recording Secretary ZBA REG MTG 6-13-19 6