Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, September 12, 2019 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, 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, Mrs. Driscoll, Ms. Salko and Mr. DiIonno. ALSO PRESENT: Gary Hall, ZBA Attorney Russell Stern – Planning Consultant Frank Russo – Ass’t Borough Engineer 4. PLEDGE OF ALLEGIANCE The minutes were distributed to all Board members prior to this meeting for their review. There were no corrections to this set of minutes. 5. MINUTES FOR APPROVAL – Regular meeting of August 8, 2019 6. RESOLUTIONS FOR MEMORIALIZATION – The following Resolutions were distributed to all Board members prior to this meeting for their review. No corrections were made to any of the Resolutions listed below. CASE NO. Z 19-001 Resolution granting variance application to Angelica Properties, LLC, Block: 1302, Lots: 6 & 4 10 Elm Street, for 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. CASE NO. Z 19-017 Resolution granting variance application to Cynthia Lowden, Block: 202, Lot: 7, 10 Ferndale Road 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, 1 ZBA Regular Meeting 9-12-19 Maximum Impervious Lot Coverage and Air Conditioning Condenser Unit Setback. CASE NO. Z 19-018 Resolution granting variance application to Carol Loundon, Block: 4004, Lot: 8, 107 Pomeroy Road 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. CASE NO. Z 19-016 Resolution granting variance application to Michelle Silvestri, Block: 913, Lot: 11, 68 Rosedale Avenue to construct a Second Story Addition in an R-3 (Single- Family Residential) Zone requiring relief from Minimum Front Yard Setback. CASE NO. Z 19-019 Resolution granting variance application to Jeffrey Witz & Tamara Feldman, Block: 4802, Lot: 22, 2 Winding Way 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. CASE NO. Z 19-021 Resolution granting variance application to Thomas & Natalie Malafronte, Block: 4903, Lot: 7, 18 Dellwood Parkway South 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. 7. SCHEDULING AND PROCEDURAL MATTERS – Gary Hall discussed several applications not being heard this evening and their scheduling. Also discussed the Housing Authority’s business and the renovation that is being performed. 8. OLD 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. 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 2 ZBA Regular Meeting 9-12-19 will be carried to the September 12, 2019 agenda of the Zoning Board of Adjustment. Nino Covello, Attorney representing the applicant. Mr. Coviello reviewed the application and stated where it stands at this point in time. He also reviewed the witnesses who will testify this evening. A – 8 Sheets 1-5 dated 8-19-19 A – 9 Revised Architectural Plans prepared by ASA Design dated rev. 7-19-19, pages 8-9 A – 10 Landscape Plan prepared by Paul Caul Design Group A – 11 Lighting Plan prepared by Damon Sales 7-19-19, set of 5 sheets B – 3 Memo from Frank Russo dated 8-26-19 B – 4 Memo from Russell Stern dated 9-7-19 Mr. Andrew Clark, Engineer was the first witness and he reviewed the Site Plan stating there were no changes on the Title Page and had a few changes which he described briefly. He then reviewed his response to Russell Stern’s Memo (B- 4) and suggested the Board review some of the numbers contained in the memo. Next he reviewed the signage and stated they are all properly permitted. The storage pad was reviewed for contents and the trash pickup schedule was approved. The lighting was complied with and the postal service was consistent with the neighborhood. The remainder of the points contained in Mr. Stern’s memo were in compliance. Mr. Santoro questioned the trash pickup and the location of the trash cans. Mr. Stern agreed with Mr. Santoro that the trash cans should not be located in the street. Mr. Russo’s Memo was reviewed and Mr. Clarke discussed and replied to the points that he made on his memo. There being no further discussion, questions or comments from the public, the next witness was called to testify. Alan Andreas, ASA Architects focused on the Fire Suppressions System and the Lighting Plan. He reviewed the requirements for the Residential Zone. He exchanged features with Russell Stern regarding the type of fixtures being utilized and complied with all of the points that were addressed on his memo. He also replied to all of Frank Russo’s recommendations. The discussion regarding the Lighting Plan continued for the residents, with Frank Russo’s input and suggestions. Mrs. Driscoll gave her opinion. The public was given the opportunity to question the witness. There being none, the next witness was introduced. Mr. Paul Ricci, President, Licensed Professional Planner, gave his credentials and was accepted by the Board as a qualified professional. He began by stating the applicant is proposing an appropriate plan for this property and is suited for the use. The application is not a large scale project and is in harmony with the surrounding area. He reviewed the benefits and the detriments of the application. Russell Stern responded by stating the points he had made in his document. The public was now given the opportunity to ask questions. There being none, Mr. Coviello summarized the application. The public was given the 3 ZBA Regular Meeting 9-12-19 opportunity to 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 Mrs. DeRosa and seconded by Ms. 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 Mr. DiIonno. 9. NEW BUSINESS – 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. Joseph E. Bock, Attorney and Steven Smith, Licensed Planner, Jaman Engineering, gave his qualifications and was accepted by the Board as a qualified professional. They 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 5-9-19 A – 1 Survey dated 4-3-19 rev. 11-5-16 A – 2 Jaman Associates Variance Plan A – 3 Floor Plans prepared by Petersen Associates, dated 8-22-18 A – 4 Photos, 3 sheets color A – 5 Variance Plan rev. 5-06-14, an earlier version of plan Mr. Bock began by describing the application stating the applicant is seeking Site Plan approval and then reviewed the 4 variances being sought and also a permit to legalize a sunroom and approval as a two family home. Mr. Smith continued by describing what had taken place in the past. He submitted a Site Plan that had been submitted in 2014 in which several items were removed. Mr. Santoro requested to have the owner testify as to how past issues occurred and their reasons. Louis Yuliano, 28 Wesley Place was sworn in and stated his father passed and he inherited the property. He stated the home is a two family. Mr. Bock requested the tax record and Mr. Santoro submitted it to him to review. Mr. Hall reviewed the plans with Mr. Yuliano and questioned him for its accuracy. The discussion continued with Mr. Smith reviewing the layout of the home. The 4 ZBA Regular Meeting 9-12-19 garage and its location, was also a topic of the conversation. Mr. Santoro suggested that the applicant show the Burden of Proof. Mr. Smith took over and continued to review the Site Plan. The applicant will return at the next Regular Meeting scheduled for 10/10/19 with numerous issues and proof, ie inspections, removal of the van, the shed issue, the design of the sunroom, etc. CASE NO. Z 19-022 Trevor Emmitt Block: 908, Lot: 10 35 Knollwood Avenue Applicant is seeking permission to construct a 2nd Story Addition, Removal and Reinstallation of Rear Steps and Walk in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Mr. Trevor Emmitt, applicant and Carl Nichol, Architect were sworn in and the following exhibits were marked. A – 1 Survey prepared by James Dede, dated 9-20-18 A – 2 Architectural Plans prepared by Frank Berardi, dated 7-10-19, 2 sheets B – 1 Letter of Denial dated 7-11-19 from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew. The applicant stated that a bathroom is planned in the rear of the home. The footprint of the house will not be disturbed. Mr. Nichol began by reviewing the Architectural Plans. He pointed to the location where the bathroom will be located. One and half baths presently exist. He reviewed the floor plan which shows the existing family room. The bathroom that exists is very small and serves the entire family. Mr. Emmitt stated that the new bathroom is an extension of the master bedroom. There was no further testimony, the public was given the opportunity to ask questions. 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 Mrs. DeRosa and seconded by Mrs. Driscoll. A roll call vote was requested and recorded ad follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr. DiIonno. CASE NO. Z 19-024 Hans Von Steiger Block: 3601, Lot: 14 4 Wilson Lane Applicant is seeking permission to construct a 2 ½ Story Addition with Side Loading Attached 2 Car Garage, Removal of and Realignment of Existing Driveway and Drywell in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Carried to October 10, 2019 regular meeting. This application is being carried to the Regular Meeting of October 10, 2019. 5 ZBA Regular Meeting 9-12-19 CASE NO. Z 19-025 Jebel Home Builders Block: 5101, Lot: 4 260 Kings Road Applicant is seeking permission to construct a Single Family Dwelling with a Drywell System and Remove a Portion of Existing Accessory Structure in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Left) and Minimum Side Yard Setback (Right). Samuel DeAngelis, Chiarlanzio and DeAngelis, introduced the applicant to the Board. He began by stating the lots are very unusually shaped for a standard residential lot. There is an encroachment into the neighbor’s lot. There is no side yard and the applicant is hoping to eliminate the issues. Mr. Mohammed Seyam was sworn in and began by describing the property as it exists. The property abuts Burger King and Mr. Seyam stated he plans to deal with the asbestos. He plans to demolish the existing home. The garage will be utilized as a shed and the driveway will be removed. The impervious coverage will be reduced by the removal of the pavement and there will be no pavement near the garage. The impervious overage will be reduced to 24.8%. The new structure proposed is a single family home with the garage in the front. A drywell will be proposed in the rear and it was already discussed with the Borough Engineer. Mr. Seyam has to finalize the tasks required by the Demolition Permit. The public was given the opportunity to ask questions and make comments as follows: Anthony Trotter, 6 Union Avenue, Madison has property between Burger King and 260 Kings Road. Questioning the land where the property is located and is interested in the soil and the impact of the water in that area with the addition of the roof. He explained that an adjacent property was worked on and the intensity of the water through the properties increased. He had several suggestions for this application with regards to the soil and water issues. Mr. Santoro stated he visited the site and believes the application is not complete and gave his input point by point. He suggested that the applicant take care of the issues that presently exist. A Landscaping Plan and more detail on the Plans that were presented, and a Stormwater Plan should be submitted. The next witness was Ashraf Ragab, Architect was sworn in and began by describing the single family home. He reviewed the setbacks, stated it is a 2 story home, has a two car garage facing the street, and a rear deck. Second floor plan has 4 bedrooms, 3 bathrooms. He reviewed the front elevation. Mrs. Driscoll asked if windows can be added to the side of the home. Ms. Kaar also requested additional windows and several other suggestions to the layout of the rooms. Mr. Santoro suggested that additional windows be added. Landscaping was suggested. The public was given the opportunity to question the Architect, there being none, Mr. Santoro reviewed the changes and additions to the application that he and the Board discussed. Russell Stern will be contacted to work with the Board and the applicant. 6 ZBA Regular Meeting 9-12-19 B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew, dated 7-11-19 A – 1 Survey prepared by Frederick Meola, dated 6-19-19 A – 2 Plans prepared by Jebel Home Builders, dated 5-7-19 CASE NO. Z 19-02 24 Lathrop Ave, LLC Block: 4309, Lot: 8 24 Lathrop Avenue Applicant is seeking permission to construct a Single Family Dwelling with Drywell, Asphalt Driveway and Paver Patio in an R-4 (Single-Family or Two- Family Residential) Zone requiring relief from Minimum Lot Width (Corner Lot), Minimum Front Yard Setback (Orchard), Maximum Principal Building Coverage, Minimum Driveway Setback, Minimum Accessory Structure Setback (2) Air Conditioning Units, Minimum Accessory Structure Setback Egress Window Well, Front Yard Fence. This application will be carried to the Regular of October 10, 2019 meeting. 10. OTHER BUSINESS –No Other Business 11. ADJOURNMENT – The meeting was adjourned at 11:30 pm with motions made by Ms. Kaar and seconded by Mrs. DeRosa. Respectfully submitted, Lorraine Sola Recording Secretary 7 ZBA Regular Meeting 9-12-19