Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING OF ADJUSTMENT Regular Meeting, October 10, 2019 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey. 1. CALL TO ORDER BY CHAIRPERSON 2. ANNOUNCENT 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: Mrs. DeRosa, Ms. Kaar, Dr. Paetzell, Mrs. Driscoll, Mr. Fitzsimmons, Mr. DiIonno. ALSO PRESENT: Gary Hall, ZBA Attorney EXCUSED: Mr. Santoro, Ms. Salko and Mr. Tomlin Mrs. Driscoll covered for Mr. Santoro, Chairman who was excused from this meeting. 4. PLEDGE OF ALLEGIANCE The following Minutes were distributed to all Board prior to this meeting for their review. 5. MINUTES FOR APPROVAL – Regular meeting of September 12, 2019 There was one correction made to minutes. A voice vote of aye was heard from all eligible voting Board members in approval of the corrected minutes. The following Resolutions were distributed to all Board members prior to this meeting for their review. There were no corrections made to the following Resolutions. 6. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. Z 19-009 Resolution granting Preliminary and Final Site Plan with Variances to Raffaele Bernardo, Block: 2301, Lot: 3, 322 Main Street to construct 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 CASE NO. Z 19-022 Resolution granting variance application to Trevor Emmitt, Block: 908, Lot: 10, 35 Knollwood Avenue 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. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – ZBA Regular Meeting – 10-10-19 1 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 was started at the Regular Meeting held on September 12, 2019 but not concluded. This application will be carried to the November 14, 2019 Zoning Board of Adjustment Meeting agenda without further notice. 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). This application was started at the Regular Meeting held on September 12, 2019 but not concluded. This application will be carried to the November 14, 2019 Zoning Board of Adjustment Meeting agenda without further notice. 9. NEW BUSINESS – 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. Due to insufficient noticing this application was carried to the October 10, 2019 Zoning Board of Adjustment meeting. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer Daniel Buckalew, dated 7-22-19 A – 1 2 Photo sheets A – 2 Plans and Survey dated 6-21-19 A – 3 Copy of Plan with changes A – 4 Architectural Plans Mr. Von Steiger and Pamela Baskin were sworn in and Mr. Von Steiger began to explain what is planned. He continued by stating the garage which exists has an 180 degree turn and the plan is to reduce the turn, and reduce the impervious coverage. The rear of the lot is oddly shaped which causes the issue which exists. The impervious coverage will be reduced with this plan. The applicant is also installing a drywell in the backyard. Currently there is no stormwater management. The Board had no further questions. The public was given the opportunity to ask questions or make statements. There being none, the Board began their discussion. The consensus of the Board was to approve the application as presented. A motion to approve the application was made by Ms. ZBA Regular Meeting – 10-10-19 2 Kaar 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, and Mr. DiIonno. CASE NO. Z 19-026 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. At the request of the applicant’s Attorney this application was carried from the September 12, 2019 Zoning Board of Adjustment agenda. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer Daniel Buckalew, dated 7-26-19 A – 1 Black and white photos, 4 A – 2 Survey prepared by Insight Surveying dated 7-2-19 A – 3 Landscape Plan dated 7-29-19 A – 4 Set of 5 Plot Drawings, dated 7-23-19 A – 5 Architectural Plans, dated 7-18-19, prepared by Peterson Architects A – 6 Colored Rendering of Landscape Plan James Foerst, Attorney, presented Margaret Peterson, Edward Clarke and Patrick Ward as witnesses. He then began by describing the lot and the challenges that it presents. He continued by stating that it would look better for the community by demolishing the house. Patrick Ward, Engineer was first to testify. Mr. Foerst requested that he describe the location. Mr. Ward described the lot and stated the existing one family dwelling will be demolished. The proposed dwelling will be a 21/2 story dwelling. It will have an attached garage. The driveway will be entered from Lathrop Avenue. He reviewed the setbacks which require variances. He explained the reasoning for the proposed setbacks. Two off street parking spaces are being provided. He reviewed the variances which are being requested. A 6 foot fence is planned and will be screened by various shrubs. Mr. Hall stated a 6 foot fence is not allowed in the proposed location. The Landscape Architect will discuss the fence. Margaret Peterson, Peterson Architects was sworn in and accepted as a qualified professional. She began by reviewing A – 5 and explaining the reason for the existing home being demolished. She continued by reviewing the interior rooms. She stated that the applicant is attempting to construct a home to fit in this neighborhood and streetscape. A one car garage is being proposed. The rear of the house has a large backyard. The house will have 4 bedrooms, finished basement and a 5th bedroom in the basement. Ms. Peterson stated the first floor is very small. Mr. Foerst stated the applicant has no problem using the 3rd floor bathroom as a powder room. A discussion continued regarding the number of rooms especially in the basement and attic. The public was given the opportunity to question Coleen and Michael Liddy, 64 Lake Road questioned the driveway on Lathrop Avenue, she was concerned that the school children have a challenge walking from school. ZBA Regular Meeting – 10-10-19 3 Mr. Liddy was concerned with the constant development in the area. He wanted to know who is looking at all of Lathrop. Mr. Hall explained that the Board does look at the neighborhood and the projects that are being proposed. The next witness Edward Clarke, Landscape Architect was qualified as a professional. Mr. Clarke utilized A – 6 to review the proposed landscaping for the site. He stated that several maples exist on the site. He reviewed the photos that were distributed to the Board members. The Architect is proposing a solid 6 foot fence and the Board had issue with this proposal. Mr. Hall gave the applicant the fence parameters which are allowed by Ordinance. The Board suggested a 4 foot open fence. The discussion continued regarding the location of the AC units, shrub locations, etc. The noise from the AC units was a concern of the Board and they made suggestions to the applicant to abate the situation. Mrs. Driscoll reviewed the changes which the applicant agreed to for this application. The additional parking space was discussed with several options suggested by the Board. Jill Rhodes, Historic Preservation Commission stated that photo documentation was requested for the building. A rear detached garage and a gabled front is being requested from the Commission. The public was given the opportunity to ask questions or make comments. Mr. Foerst reviewed the variances and the applicant now has three variances. There being no further testimony from the applicant, the Board began their discussion. The consensus of the Board was to approve the application with all the conditions discussed. A motion to approve the application was made by Mr. Fitzsimmons and seconded by Dr. Paetzell. A roll call vote was requested and recorded as follows: AYE: Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, and Mr. DiIonno. NAY; Mrs. DeRosa CASE NO. Z 19-028 Eric & Jennifer Altier Block: 4802, Lot: 1 29 Barnsdale Road Applicants are seeking permission for a “Constructed” Rear Yard Brick Paver Patio with Seat Wall, Fireplace and Gravel Sidewalk in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer Daniel Buckalew, dated 4-23-19 A – 1 Three black and white photos A – 2 Marked copy of survey, DeMarzo and Sons, 8-17-18 Mr. and Mrs. Altier were sworn in and they are seeking to construct a brick paver patio which their contractor was not aware of the impervious coverage. The rear yard was very wet and a year passed and it was still wet. A water management system was installed and was not effective due to it being under the patio. The yard is landscaped. 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 Ms. Kaar and seconded by Mrs. De Rosa . A roll call vote was requested and recorded as follows: AYE: Mrs. Driscoll, Mrs. DeRosa, Dr. Paetzell, Ms. Kaar, Mr. Fitzsimmons and Mr. DiIonno ZBA Regular Meeting – 10-10-19 4 CASE NO. Z 19-029 Jim Hollenbach/Chris Haid Block: 910, Lot: 3 77 Greenwood Avenue Applicant is seeking permission to construct a Rear yard Deck (> 24” in Height), along with the Removal of the Existing Rear Yard Slate Patio in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback for Deck > 24” in Height. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer Daniel Buckalew, dated 8-20-19 A – 1 Black and white photos, 2 sheets A – 2 Marked copy of survey A – 3 Architectural Sketches Mr. Haid was present and stated he is co-owner of the property. He described the rear of the property in that it is quite short. The deck is being placed at the rear exit slider. It is almost the height of the rear fence and the Board believes it would be an imposition to the neighbors. The Board suggested some large greenery to screen the view, at least 6 feet in height. The Board is concerned with the impact to the neighbors. There being no further comments from the Board, the Board began their deliberation. The consensus of the Board was to approve the application. 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: AYE: Mrs. Driscoll, Mrs. DeRosa, Dr. Paetzell, Ms. Kaar, Mr. Fitzsimmons and Mr. DiIonno. CASE NO. Z 19-030 George Helfrich Block: 905, Lot: 14 42 Knollwood Avenue Applicant is seeking permission to construct a Rear 1 Story Addition, 2nd Story Addition and Expansion of Existing Rear Yard Deck in an R-3(Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right). B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer Daniel Buckalew, dated 8-21-19 A – 1 Copy of survey, dated 6-24-19 A – 2 Architectural Plans, dated 8-18-19 A – 3 Handout of photos Both George P. and George E. Helfrich were sworn in and George P began by explaining what they are seeking in this application. George E continued by explaining why they need the addition on this home. The current layout will be re-arranged, the fourth bedroom size will be increased. The first floor addition will extend and allow for the deck. All the gutters in the rear will go to the drywell. There being no further testimony from the applicant and no public available for 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 heard from Ms. Kaar and seconded by Dr. Paztell. A roll call vote was requested and recorded as follows: AYE: Mrs. Driscoll, Mrs. DeRosa, Dr. Paetzell, Ms. Kaar, Mr. Fitzsimmons and Mr. DiIonno. ZBA Regular Meeting – 10-10-19 5 CASE NO. Z 19-031 Peter Crampton Block: 307, Lot: 15 11 Crestwood Drive Applicant is seeking permission for Existing “Constructed” Structures without Zoning Approvals in an R-3 (Single-Family Residential) Zone requiring relief from Rear Yard Setback, Maximum Principal Building Coverage, Maximum Impervious Lot Coverage and Maximum Accessory Structure Height. The application was carried to the next Regular Meeting scheduled for November 14, 2019. CASE NO. Z 19-032 59 Central Ave, LLC Block: 1702, Lot: 1 59 Central Avenue Applicant is seeking permission to Construct a New 2-Family Dwelling with (2) Front Open Porches, (1 Facing Central Avenue, 1 Facing Brittin Street), Side by Side Front Loading Garages (facing Brittin Street), 2 Rear Patios with Sitting Wall and Drywell in an R-4 (One or Two Family Residential) Zone requiring relief from Required Lot Width, Minimum Front Yard Set Back (Brittin Street), Minimum Front Facing Garage Setback (Brittin Street) and Minimum Side Yard Patio Setback. This application will be carried to the November 14, 2019 Zoning Board of Adjustment Meeting agenda without further notice. CASE NO. Z 19-033 Adam & Rachel Schirmer Block: 3907, Lot: 4 5 Arlena Court Applicants are seeking permission to construct a 1 Rear Addition with Small Deck, Removal of a Small Portion of Existing Retaining Wall, and the Relocation of Existing Shed to Code Compliant 5’ Setbacks in an R-3 (Single- Family Residential) Zone requiring relief from Rear Yard Setback, and Maximum Principal Building Coverage. This application will be carried to the next Regular Meeting scheduled for November 14, 2019. 10. OTHER BUSINESS – There was no Other Business. 11. ADJOURNMENT- The meeting was adjourned at 10:45 pm with motions made by and Ms. Kaar and seconded by Mr. Fitzsimmons. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 10-10-19 6