Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, August 8, 2019 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Rd, Madison, NJ_______________ 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, Mrs. DeRosa, Ms. Kaar, Dr. Paetzell, Mr. Tomlin, Mr. Fitzsimmons, and Ms. Salko EXCUSED: Mrs. Driscoll, Mr. DiIonno ALSO PRESENT: Gary Hall, ZBA Attorney Russell Stern, Planning Consultant 4. PLEDGE OF ALLEGIANCE The minutes were distributed to all Board members prior to this meeting for their review. There were no changes. 5. MINUTES FOR APPROVAL – Regular meeting of July 11, 2019 The following Resolution was distributed to all Board members prior to this meeting for their review. 6. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. Z 19-015 Resolution granting Appeal to Gregory J. Clark, Block: 2302, Lot: 3, 334 Main Street in the 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. There were two changes made to the Resolution. A voice vote of aye was heard from eligible voting Board members in approval of the corrections and Resolution. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – 1 ZBA Reg. Meeting 8-9-19 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 This application has been withdrawn without prejudice. 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. This application was started at the Regular Meeting held on July 11, 2019 but not concluded. At the request of the applicant’s Attorney, this application will be carried to the September 12, 2019 agenda of the Zoning Board of Adjustment. 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. This application was started at the Regular Meeting held on July 11, 2019 but not concluded. Ms. Stone-Doherty, Attorney began by reviewing what has taken place to date. She explained what the Board had requested. Mr. William Page was called to testify. He has additional information which was provided to our planner prior to this meeting. A – 6 William Page Memo dated 8-6-19 Mr. Page then reviewed the square footages that were requested and included on his memo. He continued with additional information that was important to this application, ie: traffic, pedestrian activity on Elm and trip generation. Ms. Stone Doherty continued questioning Mr. Page and the Board had several questions for Mr. Page. A discussion took place between the applicant, the Board, and Chairman regarding the proposed project and how it has changed in the past and presently. The sidewalk was discussed and Board members voiced their opinions with regard to its necessity for pedestrian’s use. Mr. Stern asked if the balconies will match. The applicant responded and also agreed there will be landscaping 2 ZBA Reg. Meeting 8-9-19 There being no further testimony from this witness, the public was given the opportunity to make comments as follows: Mary Ellen Monahan, Co-chair of the Historic Commission, thanked the applicant for his efforts. Laurie Spagnolia, Elm Street, stated she is appreciative of the applicant’s work. Ms. Stone-Doherty gave her summation. There being no further testimony from the Board or 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. DeRosa and seconded by Mr. Tomlin. A roll call vote was requested and recorded as follows: Ayes: Mrs. DeRosa, Mr. Fitzsimmons, Ms. Kaar, Ms. Salko, Dr. Paetzell, Mr. Santoro and Mr. Tomlin 9. NEW BUSINESS – 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. This application was scheduled for the July 11, 2019 ZBOA agenda but not reached. Cynthia Lowden and Daniel Dubinett, Architect were both sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew dated 5-2-19 A – 1 Resolution dated 12-11-08 A – 2 Architectural Plan dated 5-2-19 A – 3 4 Black and White Photos Ms. Lowden began by explaining her family has owned this home for 100 years. Her kitchen is antiquated and wants to expand it and update it for today’s times. The addition is designed to expand the kitchen, new family room and side entry. Mr. Dubinett continued by describing the addition and why it needs the requested variances. He stated no trees will be removed. He stated that the AC unit will be moved from where the present AC exists. The lot is narrow and long and he provided the distances between both left and right neighbors. He stated the seepage pit will provide relief of any water on the property. The gravel walk in the rear will be removed and a new walk will be installed. There being no further presentation 3 ZBA Reg. Meeting 8-9-19 from the applicant, the Board gave the public the opportunity to ask questions or make comments. There being none, 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 Mr. Fitzsimmons and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: Ayes: Mrs. DeRosa, Mr. Fitzsimmons, Ms. Kaar, Ms. Salko, Dr. Paetzell, Mr. Santoro and Mr. Tomlin 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. This application was scheduled for the July 11, 2019 ZBOA agenda but not reached. Orion Loundon and Carol Loundon 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 5-14-19 A – 1 Survey dated 2-8-19 A – 2 Three colored photos A – 3 Architectural Plans dated 5-14-19, 7 sheets Mr. Loundon explained that he and his wife are thankful for this house and the Board’s time. He stated he needs greater living space to accommodate their family. Ms. Loundon began by stating the kitchen is outdated and is needed for a growing family of three children. The family also would like additional closets to house the children’s equipment, clothing and recreational space for their friends to visit. She described the front of the home and their consideration of keeping in sync with the streetscape. The house is non- conforming and the max building coverage is less than 1 percent. Pavers and a bilko door will be removed. The Board and the applicant had no further questions or testimony. The public was given the opportunity to ask questions and make comments as follows: Martin Hannon, 103 Pomeroy Road, read a letter to the Board and stated several concerns that he would like addressed by the applicant. There being no further questions, 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 Mr. Tomlin and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: Ayes: Mrs. DeRosa, Mr. Fitzsimmons, Ms. Kaar, Ms. Salko, Dr. Paetzell, Mr. Santoro and Mr. Tomlin 4 ZBA Reg. Meeting 8-9-19 CASE NO. Z 19-016 Michelle Silvestri Block: 913, Lot: 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. Due to deficient noticing this application was carried to the August 8, 2019 Zoning Board of Adjustment Agenda B- 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew dated 2-25-19 A – 1 Photo sheet A – 2 Copy of survey dated 5-1-19, prepared by PA Lane A – 3 Architectural Plans, 5-17-19, prepared by Wellisch Architects, 3 sheets Mr. and Mrs. Silvestri were sworn in and Mrs. Silvestri explained where they are from and explained that there is not enough room for the family. The second floor also needs additional space. They are attempting to keep the design in conformance with the neighborhood. The public or Board had no problems with this application. A motion to approve the application as presented was made by Ms. Kaar and seconded by Mr. Fitzsimmons. A roll call vote was requested and recorded as follows: Ayes: Mrs. DeRosa, Mr. Fitzsimmons, Ms. Kaar, Ms. Salko, Dr. Paetzell, Mr. Santoro and Mr. Tomlin 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. Due to deficient noticing this application was carried to the August 8, 2019 Zoning Board of Adjustment Agenda. Mr. Witz 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 2-28-19 A – 1 Two photo sheets A – 2 Copy of survey prepared by Michael Catalano, dated 6-1616 A – 3 Architectural Plan, 1 sheet, prepared by Bogdan Szaciallo dated 1-20-19 Mr. Witz began by stating a deck will be removed and a patio and stone fireplace will replace both. The upper deck is rotted and will be removed and replaced. 5 ZBA Reg. Meeting 8-9-19 There being no questions or comments from the public or Board, the Board began their deliberation. A motion to approve the application as presented was made by Ms. Kaar and seconded by Mr. Fitzsimmons. A roll call vote was requested and recorded as follows: Ayes: Mrs. DeRosa, Mr. Fitzsimmons, Ms. Kaar, Ms. Salko, Dr. Paetzell, Mr. Santoro and Mr. Tomlin CASE NO. Z 19-020 Lathrop Avenue, LLC Block: 4302, Lot: 17 17 Lathrop Avenue Applicant is seeking permission for an Unpermitted Change of Use from a 1-Family to a 2- Family, Construction of a Rear 1 Story Addition, and Installation of a Gravel Rear Yard. The applicant is proposing to Remove a Portion of the Existing Impervious Lot Coverage, and Install a Drywell in an R-4 (Single-Family or Two-Family Residential) Zone requiring relief from Minimum Lot Width, Minimum Side Yard Setback (Right), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. This application is being carried to the September 12, 2019 Zoning Board of Adjustment Meeting. CASE NO. Z 19-021 Thomas & Natalie Malafronte Block: 4903, Lot: 7 18 Dellwood Parkway South Applicants are seeking permission to construct an In-Ground Pool with UCC Code Compliant Pool Fence, Brick Paver Patio, (2) Slate Paver Walkways, Pool Equipment Pad and Removal of a Portion of the Existing Asphalt Driveway which is to be Top Soiled, Seeded and Mulched in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Richard Schommer, PE, Nicole Venezia, Planner, Thomas and Natalie Malafronte, 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 6-24-19 A – 1 Survey prepared by Michael Catalano, dated 12-13-18 A – 2 Variance Plan, dated 6-12-19 A – 3 Three photos A – 4 Variance Plan Exhibit, colored Mr. Schommer reviewed A – 4, and he stated the lot is oversized, the access driveway serves the house and the house was constructed and complied with the Ordinances. The applicant wants to install a pool and pool house. The prior owner had built more than what was originally approved. The Malafronte’s were not aware of this issue and now they need to apply for a variance. The prior owner overbuilt in the driveway and other areas on the property. The applicant scaled back their plans for the pool installation. Mr. Schommer stated they are only 155 sf over the maximum. 6 ZBA Reg. Meeting 8-9-19 Mr. Schommer continued by also describing the application and what work will be performed. The home does have a drywell and this applicant will provide additional coverage to capture the patio area. Mr. Malafronte stated he tried several concepts and explained the driveway was shared and it is awkward. Mr. Santoro suggested an additional drywell. He agreed with the removal of the excess water in the rear. He is also OK with the pool which is setback in the rear and cannot be viewed. Ms. Salko asked Mr. Schommer if the drywell is really needed. Mr. Santoro stated if the Borough Engineer suggests a drywell, so be it. The consensus of the Board was to approve the application as presented. A motion to approve the application was made by Mrs. DeRosa and seconded by Dr. Paetzell. A roll call vote was requested and recorded as follows: Ayes: Mrs. DeRosa, Mr. Fitzsimmons, Ms. Kaar, Ms. Salko, Dr. Paetzell, Mr. Santoro and Mr. Tomlin 11. ADJOURNMENT – The meeting was adjourned at 10 pm with a motion made by Ms. Kaar and seconded by Mr. Tomlin. Respectfully submitted, Lorraine Sola Recording Secretary 7 ZBA Reg. Meeting 8-9-19