Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, July 11, 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. Fitzsimmons, and Mr. DiIonno. EXCUSED: Ms. Salko, Mr. Tomlin and Mrs. DeRosa ALSO PRESENT: Gary Hall, Attorney Russell Stern Planning Consultant Frank Russo, Ass’t Borough Engineer 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – No Minutes 6. RESOLUTIONS FOR MEMORIALIZATION – The following Resolutions were distributed to all Board members for their review prior to this meeting. There were minor corrections made to the Mazzocchi Resolution. CASE NO. Z 18-035 Resolution granting variance application to Nicholas Mazzocchi, Block: 4312, Lot: 1, 22 Lathrop Avenue 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. Two changes were made to this Resolution. Mr. Santoro and Mr. Hall discussed the items to be corrected. CASE NO. Z 19-005 Resolution granting variance application to Prashant & Heather Reddy, Block: 3904, Lot: 24 26 Beverly Road 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. One minor correction 7. SCHEDULING AND PROCEDURAL MATTERS – ZBA Regular Meeting 7-11-19 1 8. OLD 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). This application was started at a Special Meeting held on June 24, 2019 but not concluded. This meeting will be carried to the August regular meeting. 9. NEW BUSINESS – 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 was carried to the July 11, 2019 ZBOA agenda. The applicant was required to re-notice for this meeting. Nino Coviello, Attorney is representing the applicant, a Court Reporter is present. He then reviewed the application stating that there was a kennel at this site prior to this application. He continued reviewing the application and what the applicant proposes. He also reviewed the professionals who will be testifying this evening and the documents which will be presented. A – 1 Title Page A – 2 Topographic Survey, prepared by Andrew Clarke A – 3 Site Plan Sheet, amended 6-24-19 prepared by Andrew Clarke A – 4 Soil Erosion and Sediment Control prepared by Andrew Clarke, prepared 6-24-19 A – 5 Architectural Drawings, 5 sheets, 2-1-19, rev. 6-25-19 prepared by Alan Andreas, Architect ASA Architectural Design A – 6 Landscape Plan, prepared by Mr. Caul, dated 6-24-19 B – 1 Memo from Mr. Russo, 3-27-19, rev. 7-8-19 B – 2 Memo from Russell Stern, rev. 7-7-1 A – 7 Plan prepared by Alan Andreas Mr. Bernardo was sworn in and Mr. Coviello questioned him with regard to his tenure in Madison, the rental of the space in question and who it is presently rented to with the hours of operation. A sign exists in the front of the premise, all units will be leased if this project is approved. None of the units will be rented. The public was given the opportunity to question the witness. There were none, the next witness was Alan Andreas, ASA was sworn in and was accepted as a qualified witness. He continued by describing the Architectural Drawings A-5 in detail, stating the footages, the layout including the rooms. Also discussed was the responses to Mr. Stern’s and Mr. Russo’s memo. Discussions took place between Mr. Russo and Mr. Santoro explaining his remarks regarding the design requirements. Mr. Andreas continued with his testimony. ZBA Regular Meeting 7-11-19 1 Mr. Andrew Clarke, Lic Civil Engineer, was sworn in and accepted by the Board as a qualified witness. He validated the owner of the fence in the rear of the property as belonging to the condos nearby. The Mr. Andreas continued his testimony stating each unit consists of 3 bedrooms. The public was given the opportunity to ask questions as follows: Loretta Davison, 318 Main Street, Madison questioned the parking for the retail/residential spaces. Andrew Clarke, Civil Engineer was next to testify. He began by reviewing the parking, he reviewed Exhibits A – 2, A – 3 and A – 4 in detail. Discussion continued regarding various issues with regard to both Stern and Russo memos. Mr. Stern had no issues with the Landscape Plan. This application will be carried to the Regular Meeting scheduled for August 8, 2019. 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 was carried to the July 11, 2019 ZBOA agenda. Samuel DeAngelis, Attorney representing the applicant explained the reason for the this application. Mr. DeAngelis reviewed in detail. Mr. Clarke was sworn in and he was questioned by Mr. DeAngelis as to his purchase of the property. The following exhibits was marked: B – 1 Letter dated 6-28-18 from Frank Russo to Mr. Clarke A – 1 Copy of the Deed dated 6-27-1973 to Mr. Clarke. The property houses Mr. Clarke’s real estate office and he never made any changes. He will be retiring and at present is under contract with a buyer who will use the property as an office. If any changes are needed, the applicant would have to come before the Board. The public was given the opportunity to question or make comments. The Board now began their deliberation. A motion to approve the application as requested and issue a certificate was made by KIaar and Mr. Fitzsimmons. A roll call vote was requested and recorded as follows: AYES: Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Mr. Santoro and Mr. DiIonno. CASE NO. Z 19-016 Michelle Silvestri Block: 913, Lot: 11 68 Rosedale Avenue Applicant is seeking permission to construct a Second Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback. Carried to the Regular meeting scheduled for August 8, 2019. CASE NO. Z 19-001 Angelica Properties, LLC Block: 1302, Lots: 6 & 4 10 Elm Street Applicant is seeking Preliminary and Final Site Plan with Variance and Lot Consolidation to permit (1) One New Multi Family Four Unit Townhouse Building in an R-5 (Multi-Family Residential) Zone. ZBA Regular Meeting 7-11-19 1 Mrs. Driscoll excused herself from this application. Rosemary Stone-Dougherty, Attorney introduced herself and reviewed the application. In May 2012 Phase One was approved. She described what presently exists. Lot 4 is being presented and developed. She stated it will be exactly the same as exists. Frank Matarazzo, Licensed Engineer gave his qualifications and was accepted as a professional. The following exhibits were marked: A–1 Site Plan Sheet 4, colorized 3-25-19, pages 1-14, A–2 Site Plan consisting of 1-8 sheets A–3 Sheets 9 – 14 Architectural Plans A–4 Rendering, colored Mr. Matarazzo began by describing the property, its location, he described them individually, he stated a fence exists around Lot 6. Lot 4’s structures will be demolished. The two lots (4 and 6) will be merged together. Grading will be performed to control the storm-water, roof leaders will be captured and lead the runoff to those systems. Parking spaces are being provided. A Landscape Plan is also being provided showing all plantings. Three separate Zoning Charts are included in the exhibits. He reviewed the variances for the combined Lots 4 and 6. He reviewed the variances which are being requested. The garbage collection was discussed. Homeowner Documents will be required and this community is a rental community. All of Mr. Russo’s and Mr. Stern’s memos are being adhered to. B–1 Frank Russo Memo, dated 5-10-19 B–2 Russell Stern Memo, dated 5-14-19 B–3 Prior Resolution adopted 5-10-12 B–4 Shade Tree Commission Memo dated 1-17-19 B–5 TCC Report Elm Street, Madison 1-17-19 B–6 Exemption Letter Morris County Planning Board The public had no questions for this witness. Next witness was William Page, Professional Engineer/Planner, gave his qualifications and was accepted by the Board. A – 5 Sheet 6 of the 14 pages, colorized Mr. Page reviewed A – 5 making his recommended waivers. He also reviewed all the variances. He reviewed the density and made the comparison to the 2012 application. He described the style of the homes. He continued by reviewing the use of the property and how it will affect the area. He believes the project will enhance the proposed development and the neighborhood. Mr. Stern gave his input with regard to the C Variance and stated whether it does address all the elements the Board should be focusing on. Mr. John DeSimone, Owner of the property was sworn in and questioned by Ms. Stone-Dougherty regarding the property and its management. He stated the site functions well. He reviewed the details of construction and the products which are used. Mr. DeSimone continued his testimony regarding the site and the questions posed on Mr. Stern’s memo. The applicant will return with revised plans and the calculations for Mr. Stern and Mr. Russo. ZBA Regular Meeting 7-11-19 1 CASE NO. Z 19-017 Cynthia Lowden Block: 202, Lot: 7 10 Ferndale Road Applicant is seeking permission to construct 1 ½ Story Addition, Deck, Air Conditioning Unit and Drywell as well as Removal and Relocation of a Portion of the Existing Gravel Walkway in an R 3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), Maximum Principal Building Coverage, Maximum Impervious Lot Coverage and Air Conditioning Condenser Unit Setback. Carried to the Regular Meeting scheduled for August 8, 2019. CASE NO. Z 19-018 Carol Loundon Block: 4004, Lot: 8 107 Pomeroy Road Applicant is seeking permission to construct a 1 ½ Story Front Addition and Rear Deck , Removal of (2) Two Sets of Rear Steps with Landings & Bilco Doors in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), Maximum Principal Building Coverage, and Maximum Impervious Lot Coverage. Carried to the Regular Meeting scheduled for August 8, 2019. CASE NO. Z 19-019 Jeffrey Witz & Tamara Feldman Block: 4802, Lot: 22 2 Winding Way Applicants are seeking permission to Refurbish and Expand an Existing Deck, Remove Existing Patio, Construct a New Stone Patio (on sand) with Fireplace in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. . Carried to the Regular Meeting scheduled for August 8, 2019. 10. OTHER BUSINESS – 11. ADJOURNMENT – The meeting was adjourned at 11:30 pm with a motion made by Mrs. Kaar and seconded by Mr. Fitzsimmons. . Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 7-11-19 1