Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, November 14, 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: Mr. Santoro, Mrs. DeRosa, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. DiIonno and Mr. Tomlin EXCUSED: Mrs. Driscoll ALSO PRESENT: Gary Hall, ZBA Attorney 4. PLEDGE OF ALLEGIANCE The Minutes were distributed to all eligible voting Board members prior to this meeting for their review. The Minutes were approved by the Board with no corrections with a roll call vote: AYES: Mrs. DeRosa, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, Mr. Tomlin and Mr. DiIonno 5. MINUTES FOR APPROVAL – Regular meeting of October 10, 2019 The Resolutions were distributed to all Board members for their review. There was one correction to Z19-026. The remainder of the Resolutions were approved without corrections. 6. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. Z 19-024 Resolution granting variance application Hans Von Steiger, Block: 3601, Lot: 14, 4 Wilson Lane 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. CASE NO. Z 19-026 Resolution granting variance application 24 Lathrop Ave, LLC, Block: 4309, Lot: 8, 24 Lathrop Avenue to construct a Single Family Dwelling with Drywell, Asphalt Driveway and Paver Patio ZBA REG. MTG. 11-14-19 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. Correction to the word Powder Room. CASE NO. Z 19-028 Resolution granting variance application Eric & Jennifer Altier, Block: 4802, Lot: 1 29 Barnsdale Road for a “Constructed” Rear Yard Brick Paver Patio with Seat Wall, Fire Place and Gravel Sidewalk in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. CASE NO. Z 19-029 Resolution granting variance application Jim Hollenbach, Block: 910, Lot: 3, 77 Greenwood Avenue 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. CASE NO. Z 19-030 Resolution granting variance application George Helfrich, Block: 905, Lot: 14, 42 Knollwood Avenue 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). Mr. Fitzsimmons arrived at 7:37 pm and joined the Board 7. SCHEDULING AND PROCEDURAL MATTERS – Thursday, December 5, 2019 A Special Meeting cannot be scheduled for December 5, 2019. 8. OLD 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 was started at the Regular Meeting held on September 12, 2019 but not concluded. This application is being revised and will not be heard at the November 14, 2019 Zoning Board of Adjustment Meeting. ZBA REG. MTG. 11-14-19 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). This application was started at the Regular Meeting held on September 12, 2019 but not concluded. At the request of the Applicant’s Attorney this application will be carried to the December 12, 2019 Zoning Board of Adjustment Meeting agenda without further notice. 9. NEW BUSINESS – 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. Mr. Crampton and Hannah Persson were sworn in and the following exhibits were marked: B - 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer Daniel Buckalew, dated 7- 16-19 A – 1 Photos, 4 sheets A – 2 Copy of Survey prepared by Benjamin & Wizorek, dated 6-17-19, rev. 7-15-19 Mr. Crampton explained the permit which was approved in 1980 and the house was advertised when they were purchasing with an open porch. The applicant wants the variances to stay as is when they purchased the home. There is a two-story shed in the rear and the applicant has no evidence as to when it was constructed. The applicant has altered the interior of the home and no work on the outside of the home. The Borough then reached out and stated there are open permits. Mr. Santoro questioned if the shed is properly constructed. The applicant stated that it is and it appears as standard. There is no evidence of permits for the shed. A conversation continued with regard to the past Ordinance for this property with Mr. Hall stating he searched and he only found information dating back to 2002. Mr. Crampton stated there was a patio under the deck. Mr. Santoro stated that the wood under the deck is not in good shape and Mr. Crampton stated it was inspected and approved. Mr. DiIonno stated there was no information regarding the deck with the realtor regarding the condition of the deck. Mr. Hall suggested the applicant check the tax records to see if any change was made in the past to the house. ZBA REG. MTG. 11-14-19 There being no further questions from the Board, the public was given the opportunity to make or ask questions. There being none, the Board began their deliberation. The consensus of the Board was to have the Mr. Hall do the research thru the Tax Records and report the results to the applicant. Mr. Santoro explained to the applicant how relief is granted. 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 is carried to the December 12, 2019 Regular Meeting. CASE NO. Z 19-033 Adam & Rachel Schirmer Block: 3907, Lot: 4 5 Arlena Court Applicants are seeking permission to construct a 1 Story 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. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer Daniel Buckalew, dated 8-13-19 A – 1 Two photo sheets A – 2 Plans prepared by Fern Design Associates, dated 6-28-19, 4 sheets, rev. 8-12-19 Rachel and Adam Schirmer and William Byrne, Architect were sworn in and the applicant explained the reason for this application. They want to construct a master suite on the first floor for convenience. The children will be relocated to the second floor. Mr. Byrne began by explaining the construction of the master suite, and stated the home has two bedrooms on the second floor. For health reasons a master bedroom addition is requested on the first floor. The lot is oddly shaped and the architect tailored the addition to accommodate the applicant’s request. Mr. Byrne utilized the Floor Plan to describe the addition and where it is located. He gave the side-yard setbacks. He also stated a colored rendering has been created to show the addition and where it is located, and a small pair of French doors. He also attempted to minimize any impacts. It cannot be seen from the street. Mr. Byrne explained that the house was constructed in the 1950’s. He continued by reviewing the Lot Coverage and the changes the addition will make to those numbers. Mr. Schirmer explained how the shed currently appears with large trees surrounding ZBA REG. MTG. 11-14-19 it. Mr. Santoro believes the shed should be moved and relocated, other Board members agree. The public was given the opportunity to ask questions and make comments. There being none, the Board began their deliberation. The consensus of the Board was to approve the application with the shed removal. Mr. Hall advised the Architect to correct some of the numbers on his plan. A motion to approve the application with the condition of the shed removal was made by Ms. Kaar and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYE: Mrs. DeRosa, Mr. Fitzsimmons, Mr. Tomlin, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, Mr. DiIonno CASE NO. Z 19-034 Allen Chien Block: 303, Lot: 17 7 Prospect Place Applicant is seeking permission for an Impervious Lot Coverage Variance for Improvements Installed by a Previous Owner of the Property as well as the Removal of Existing In-Ground Pool in an R-3 (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, 9-9-19 A – 1 Copy of the topgraphic survey prepared by Frederick Meola, dated 8-25-14, topo dated 1-10-19 A – 2 Pool Removal Demo Plan, Colonna Consulting, dated 8-25-19 A – 3 Photos, 4 pages Allen Chien and Catie Tsao were sworn in and Mr. Chien began by stating while working on the retaining wall in the rear, it was found that the pool does not match which was approved. The applicant would like to remove the pool and fill it in. The paperwork for the pool was found and it also showed the patio between the pool and the rear of the house has a patio. The applicant will plant grass in the area where the pool previously existed. Mr. Santoro stated that he contacted the Borough Engineer requesting that they inspect the property because it contains steep slopes. Mr. Vogel sent a Memo to Mr. Santoro with his comments stating which should be performed on site with regard to water, fencing, and the retaining wall. Mr. Santoro suggested the applicant work with his Engineer and formulate a stormwater management plan and work with Mr. Vogel, Borough Engineer. Ms. Kaar suggested some kind of planting. There being no further questions from the Board, the public was given 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 with the conditions discussed and work with Mr. Vogel, Borough Engineer. A motion to approve the application was made by Mr. Fitzsimmons and seconded by Mr. Tomlin. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mr. Fitzsimmons, Mr. Tomlin, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro, Mr. DiIonno ZBA REG. MTG. 11-14-19 CASE NO. Z 19-035 Louis & Christine Leonardis Block: 3805, Lot: 5 42 Albright Circle Applicants are seeking permission to construct a Front Open Porch with Stairs, Front Yard Paver Walkway, Tiered Driveway Side Retaining Wall, Side Entrance Landing with Roof, Side Yard Paver Walkway and Rear Yard Deck in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback, Minimum Rear Yard Setback and Maximum Impervious Lot Coverage. At the request of the Applicant’s Architect this application will be carried to the December 12, 2019 Zoning Board of Adjustment agenda. CASE NO. Z 19-036 Donald & Alberta Marcy Block: 1004, Lot: 18.01 57 Fairview Avenue Applicants are seeking permission to construct a single-family residence on a newly created lot (18.01) which was previously approved by the Madison Zoning Board of Adjustment by Resolution dated April 12, 2018. The applicant is requesting an Interpretation of “Prevailing Front Yard Setback” Modification of the Resolution; and/or a Variance from Requiring the New Dwelling be Situated at the Prevailing Front Yard Setback. At the request of the Applicant’s Attorney, this application will be carried to the Zoning Board agenda of December 12, 2019. CASE NO. Z 19-037 Bonnie & Robert Fairbrother Block: 3702, Lot: 30 53 Prospect Street Applicants are seeking permission to Remove a Portion of the Existing Stone Driveway and Existing Left and Right Side Slate Walkways and Pave a Portion of the Existing Gravel and Paved Driveway and Construct a New Portion of Asphalt Driveway to an Approved Detached One-Car Garage in an R-2 (Single-Family Residential) Zone requiring relief from Maximum IB - 1mpervious Lot Coverage and Minimum Driveway Property Line Offset. Mr. Tomlin was excused from this application. B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer Daniel Buckalew, dated 9-25-19 A – 1 Copy of Survey Benjamin & Wizorek, 6-27-19 A – 2 Proposed Addition & Renovation Plan, Manuel Antonio Andratta, 8-28-19, rev. 9-24-19 A – 3 Two photos Bonnie and Robert Fairbrother were sworn in and Mr. Fairbrother began by explaining they want to remove the existing garage and construct the garage with a driveway to it. He stated ZBA REG. MTG. 11-14-19 there is a crosswalk and dangerous to individuals walking and the safety of a person entering the driveway. Ms. Fairbrother explained why they are constructing a one car garage and have an area to park another vehicle. The construction was costly, and the proposed plan was decided upon. Ms. Fairbrother utilized the plans to point out where the garage existed and where the addition will be constructed and what changes will be made. The applicant discussed the approved plan by Mr. Buckalew and the applicant worked with the Architect. Mr. Santoro asked if the applicant is constructing curbing. The Fairbrother’s reviewed where the AC will be located. The applicant reviewed where the driveway will be located and Mr. Santoro suggested the AC be located on the side and screened. The discussion continued with the Board members regarding the applicant’s proposed plan. Mr. Hall suggested a Revised Plan with the conditions. Discussion continued with regard to removal of pavement. The public was not present, and the Board began their deliberation. The consensus of the Board was to approve the application. A motion to approve the application with the improvements made by the Board was made by Ms. Kaar and seconded by Mr. Fitzsimmons. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Dr. Paetzell, Mrs. DeRosa, Ms. Kaar, Mr. Fitzsimmons, Ms. Salko and Mr. DiIonno. CASE NO. Z 19-027 Heller Property Partners, L.P. Block: 2001, Lots: 19 through 23 176, 178 & 180 Main Street Applicant is seeking Preliminary and Final Site Plan with Variances along with Lot Consolidation to construct a 2-Story Office Building in the Community Commercial Zone requiring relief from Maximum Floor Area Ratio, Minimum Front Yard Setback, Maximum Principal Building Coverage, Minimum Number of Parking Spaces, Steep Slope Disturbance, Signage and other bulk variances. This application will be carried to the Regular Meeting scheduled for December 12, 2019. 10. OTHER BUSINESS – Mr. Santoro announced to the Board that its that time of the year again. Recommendations to the Council, so please make recommendations or changes. Ms. Kaar made a suggestion with regards to developers who come to the Board with unusable requests. Mr. Hall brought the issue of Recharging Stations. Other items were also discussed. 11. ADJOURNMENT – The meeting was adjourned at 10: 10 pm with a motion made by Ms. Kaar seconded by Mrs. DeRosa. Respectfully submitted, Lorraine Sola Recording Secretary ZBA REG. MTG. 11-14-19