Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING OF ADJUSTMENT Regular Meeting, December 12, 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, Ms. Driscoll, Mrs. DeRosa, Dr. Paetzell, Mr. Fitzsimmons, Ms. Salko and Mr. DiIonno ALSO PRESENT: Gary Hall, ZBA Attorney Russell Stern, Borough Planner Frank Russo, Ass’t Borough Engineer EXCUSED: Ms. Kaar and Mr. Tomlin 4. PLEDGE OF ALLEGIANCE The following Minutes were distributed to all eligible voting Board members prior to this meeting for their review. 5. MINUTES FOR APPROVAL – Regular meeting of November 14, 2019 There were no corrections made to the minutes. A voice vote of aye was heard from all eligible voting Board members in approval of the 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.Z19-033 Resolution granting variance application to Adam and Rachel Schimer, Block 3907, Lot 4, 5 Arlena Court 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. Correction was mad in the roll call omitting Mrs. Driscoll as being present. CASE NO Z19-034 Resolution granting variance application to Allen Chien, Block 4303, Lot 17, 7 Prospect Place 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. ZBA Regular Meeting – 12-12-19 1 CASE NO. Z19-037 Resolution granting variance application to Bonnie and Robert Fairbrother, Block3702, Lot 30, 53 Prospect Street 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 riveway to an approved detach3ed one-car garage in an R-2 (single family residential) zone requiring relief from maximum impervious coverage and minimum driveway property line offset. 7. SCHEDULING AND PROCEDURAL MATTERS – 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 December 12, 2019 Zoning Board of Adjustment meeting. 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 January 9, 2020 Zoning Board of Adjustment Meeting agenda without further notice. 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. This application was started at the Regular Meeting held on November 14, 2019 but not conclude. This application was scheduled to b e herd at the next Regular Meeting on January 9, 2020. CASE NO. Z14-006A HQM Properties Inc. Block 1203, Lot 23 7 Elm Street Applicant is seeking extension of approval on a previously approved application (Z14- 006) by the Madison Zoning Board of Adjustment by Resolution dated December 11, 2014. ZBA Regular Meeting – 12-12-19 2 Scott King, Attorney for the applicant requested an extension. Mrs. Driscoll stepped down for this application. It was noted that several extensions were already given to this applicant. Lou Riccio, Partner for HQM stated that the units will be for low income families. The application was given an extension of one year and voted on by the Bord as follows: AYES: Mr. Santoro, Mrs DeRosa, Dr. Paetzell, Mr. Fitzsimmons, Ms. Salko and Mr. DiIonno. Mrs. Driscoll returned to her seat on the Board. 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 Nino Coviello, Attorney for the applicant reviewed the details for this application. The following exhibits were marked: A – 1 Site Plan dated 2-26-19, rev. 11-21-19, prepared by InsurePlan, LLc B – 1 Historical Preservation Commission (HPC) letter dated 11-12-19 B – 2 HPC letter dated 12-10-19 B – 3 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew, dated 6-25-18 A – 2 Architectural Plans rev. 11-6-19 prepared by Dharam Mehta, Architect A – 3 Photo board, 4 photos Mr. Coviello stated the Architect, Engineer and Planner will be testifying. Mr. Dharam Mehta, Architect was sworn in, gave his qualifications and accepted as a qualified witness. He began by discussing the existing home and describing where it is located, a corner property. He stated he found that it was in disrepair and would be very costly to rehabilitate. A new building is being proposed. He reviewed homes that are presently located on Central Avenue and Brittin Street. He stated most of the homes had steep slopes. He also had several meetings with the HPC regarding the proposed home. A new two family home is being proposed (A – 2). A – 4 Colored Artist Rendering of A – 1 Mr. Mehta continued by reviewing A – 4, which shows the entranceway, stating there is a porch and the home can also be entered from the garage. The building is comprised of two units, each having a garage and a parking space. A porch is proposed to keep the continuity of the streetscape. Hari-plank siding is being used, with a stone below the window levels. The roof pitches were suggested by the HPC, light fixtures will be minimal and a brick walk and driveway is being proposed. The fence ordinance should be adhered to for this project. All the landscaping will be re-done. The units will be occupied by the applicant, and the other will be rented. Ms. Salko questioned whether this home should be a two- family. Mr. Mehta responded that his plan is the best he could do with what he had to work with. Mrs. Driscoll stated she believes that the proposed home is too much house ZBA Regular Meeting – 12-12-19 3 for the lot. She believes that this is what Mary Sue is intimating. The Board members voiced their opinions regarding the size of the home. Mr. Coviello suggested that the Board should take a break and return. The public was given the opportune ity to ask questions as follows: Sam Piccolo, 71 Central Avenue believes this plan is a good one. Janet Foster, HPC Director confirmed that the HPC has not had a more receptive applicant representative than Mr. Mehta. Mr. Coviello would like to carry this application to the next regular scheduled meeting being held on January 9, 2020. CASE NO. Z 19-035 Louis and 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 walksay and year 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. The following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Zoning Officer, Daniel Buckelew, dated 9-12-19 A – 1 Copy of Survey, dated 5-13-09 A – 2 Photo sheets, 6 photos A – 3 Architectural Drawings prepared by GRA Architects, dated 9-20-19 Mr. Leonardis was sworn in along with Mr. James Ramentol, Architect Mr. Leonardis began by stating he is looking to improve the look of the home and would like some space for recreational purposes. Mr. Ramentol began by discussing the property and stated it has 3 asides and understands that there are numerous irregular lots in the Borough. His intent is to create some curb appeal. There is no outdoor living space, so a deck is being proposed on the side-yard. A – 4 Photo sheet with 8 photos showing the surrounding areas Mr. Ramentol began by reviewing A – 4, stating this proposed home is similar to other homes in the area. A deck was suggested to allow for some recreational space. He reviewed the Site Plan (A -3) and stated the lot is non-conforming which many homes in the area also are the same. He continued reviewing the size of the lot which is undersized. A pergola has been added with stone along the entire base of the house, and the side door now has a little shed roof for cover. Access to the street has been relocated and easier to access being it is near the driveway. Mr. Ramentol stated his testimony has ended and is willing to take questions. Mrs. Driscoll does not love the shed roof and M. Ramentol had no problem with her suggestion and believes the gabled roof would be nice. Mr. Santoro questioned the front door and Mr. Ramentol gave his reason for his plan. A Landscape Plan is also proposed and Mr. Ramentol stated he would be subject to a Landscape Plan if the application is approved. There being no further input from the Board, two motions to approve this application with the Landscape Plan being submitted on approval. A roll call vote was requested as follows: ZBA Regular Meeting – 12-12-19 4 AYES: Mr. Santoro, Mrs. DeRosa, Dr. Paetzell, Mr. Fitzsimmons, Ms. Salko and Mr. DiIonno. CASE NO. Z19-036 Donald and 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. Mr. Hall reviewed this application, he was not at the meeting when it was approved. It came back to the Board to construct a new home on the property in a new ocation It was relieved of the conditions of the 4/12/18 Resolution. Mr. Coviello was the attorney for the applicant. HPC endorsed the placement of the home. Mr. Hall read the letter from the HPC into the record and the Board. A – 1 Letter from Janet Foster, HPC to Ms. Segal, Segal Architects A – 2 Variance Plan Richard B. Schommer, Licensed Engineer was sworn in and was qualified as a Professional Expert. He stated that a plan has been submitted (Variance Plan). He explained Lot 18:00 and stated that it conforms with all dimensional requirements. He continued with the explanation of Lot 18.01. Several points from the previous Resolution dated 4/12/18 contained numerous conditions. A discussion took place between Mr. Schommer and Mr. Santoro regarding a specific condition regarding the front yard setback. Mr. Schommer had a copy of the Minor Subdivision Plan and reviewed it. Russell Stern, Borough Planner gave his input regarding the suitability of Lot 18.00 and its location. Board members also commented on this discussion. Mr. Stern proposed screening near the AC equipment and a portion of the driveway along the property line on the left side. The applicant agreed to the screening. The public was now given the opportunity to ask questions. There being none, the Board began their deliberation. A motion to approve he application was made by Mrs. Driscoll and seconded by Mrs. DeRosa. A roll call vote was requested and recorded as follows: AYES: Mr. Santoro, Mrs. Driscoll, Dr. Paetzell, Mrs. DeRosa, Mr. Fitzsimmons, Ms. Salko and Mr. DiIonno. CASE NO. Z19-027 Heller Property Partners, LP Block 2001, Lots 19 through 23 176, 178 and 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 bulk variances. Mrs. Hurlehy, Attorney representing the Heller Property Partners reviewed the application which is being presented. The following are the areas that are being discussed; the parking lot will be expanded. The floor area ration exceeds which is permitted by Ordinance. ZBA Regular Meeting – 12-12-19 5 The following exhibits were marked: A – 1 Site Plan: Preliminary and Final prepared by Bohler Engineering, dated 10-15-19 A – 2 Stormwater Management and Maintenance Manual B – 1 Comment Memo from Mr. Russell Stern, dated 10-27-19 B – 2 Comment Memo from Mr. Frank Russo, dated 10-27-19 A – 3 Architectural Plan dated 8-7-19, revised 9-20-19 A – 4 Package of Photos 7 total A – 5 Traffic Statement dated 8-6-19 prepared by Atlantic Traffic A – 6 Bohler Engineering Existing Conditions document A–7 A – 8 Survey prepared by Control Point Associate, dated 8-9-19 A – 9 Plan similar to the Survey, Steep Slope Plan A – 10 Colorized version of the Site Plan, dated 11-16-19 A – 11 Landscape Compliance, dated 12-3-19 Brian Ennis, Engineer with Bohler Engineering reviewed in detail the above documents. He stated that 89 parking spaces are being proposed and the applicant is seeking an additional 12 spaces to accommodate additional doctors who will occupy the building. Ms. Hurlehy gave her input as to the parking spaces and the reason for the additional spaces. They may not be needed. Mr. Ennis continued his testimony regarding the Floor Area Ratio issue. Signage was discussed, on both building and parking lot also indicating their location. A trash enclosure and car vacuum is being proposed. Lighting and the house of operation were discussed. A review of landscaping was discussed and the types of greenery proposed to be planted on the property lines. Three hundred plantings are proposed adding to what exists. Mr. Ennis replied to Mr. Russo’s comments and Mr. Russo had several questions. He now replied to Mr. Stern’s comments and requested a detail on the board fence proposed. There was no further discussion regarding the application. The public was given the opportunity to question Mr. Ennis, there being none, the next witness was ready to testify. Louis Brant, Architect was next to testify, he gave his qualifications and was accepted as an expert professional. A – 12 Architectural Rendering of the Buildings. Mr. Brant reviewed the rendering and pointed out where the signage will be located. The mechanical units will be hidden on the roof and noise will be contained. A – 13 Directory Board – will be located on the rear of the building Mr. Brant described the board and how it will appear. The existing building will be added to the Directory Board. There was no further testimony from this witness or questions from the public. The applicant will return at the next regularly scheduled meeting on January 9, 2020. CASE NO. Z19-038 Jon Pozerycki Block 906, Lot 20 50 Knollwood Avenue Applicant is seeking permission to construct a 2nd story addition, 2 story addition, uncovered deck, left side with roof, removal of existing enclosed front entry, construction of open front entry with roof, removal of existing rar brick paver patio and wall in an R-3 (single family residential) zone requiring relief from minimum side yard setback (left) ZBA Regular Meeting – 12-12-19 6 maximum principal building coverage and maximum impervious lot coverage. This application was scheduled for the next Regular Meeting to be held on January 9, 2020. CASE NO. Z19-039 Seth Glasser and Joseph Owen Block 4801, Lot 16 29 Winding Way Applicants are seeking permission to construct a decorative dormer over existing garage, portico roof over existing front stoop, raised roof with cantilever over existing 1.5 story portion of home and altered roof with dormer 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 next Regular Meeting to be held on January 9, 2020. Nancy Forrester Block 502, Lot 21 20 Buckingham Drive Applicant is seeking permission for the removal of rear existing enclosed porch and the construction of a rear enclosed sun po9rch and two (2) rear stairs in an R-3 (single family residential) zone requiring relief from maximum principal building coverage. Due to insufficient noticing this application will be placed on the January 9, 2020 Zoning Board Agenda. 10. OTHER BUSINESS – Gary Hall discussed several issues that he and the Board would like addressed for next year’s meetings with the Planning Board. 11. ADJOURNMENT- The meeting was adjourned at 10:45 pm with motions made by Ms. Kaar and seconded by Mr. Fitzsimmons. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting – 12-12-19 7