Zoning Board of Adjustment

1 MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular (Zoom) Meeting, October 8, 2020 at 7:30 P.M., Hartley Dodge Memorial Building, 50 Kings Road, Madison, New Jersey. 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 9, 2020, the Board by Resolution adopted a schedule of meetings. On January 10, 2020, 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, Mrs. Driscoll, Mr. Santoro, Mr. Fitzsimmons, Ms. Salko, Mr. DiIonno, Mr. Foster, and Dr. Paetzell. EXCUSED: Ms. Kaar ALSO PRESENT: Gary Hall, ZBA Attorney Frances Boardman, Board Secretary 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – Regular minutes of September 10, 2020 The above referenced minutes were distributed to all Board members for their review. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes as presented. 6. RESOLUTIONS FOR MEMORIALIZATION – Distributed to all Board members for their review were the following resolutions. Small corrections were made on the resolution for Case No. Z 20-009 and the resolution for Case No. Z2 0-013. A voice vote of “Aye” was heard from all eligible voting Board members in approval of the Resolution. CASE NO. Z 20-009 Carrol’s, LLC Block: 5101, Lot: 33 317 Main Street Applicant is seeking Preliminary and Final Site Plan with Variances for the Construction of an Additional Drive Through Lane, Various Minor Site Improvements as well as the Remodeling of the Existing Restaurant. ZBA Regular Meeting 10-08-2020  2 CASE NO. Z 20-013 Andrea & Travis Mara Block: 3802, Lot: 25 60 Keep Street Applicants are seeking permission to construct a 1 Story Rear Addition, Expansion of a Non -Conforming Use and the Removal of Existing Impervious Lot Coverage in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage, Maximum Impervious Lot Coverage and the Expansion of a Non -Conforming Use. CASE NO Z 20-014 Ben & Megan Rogers Block: 4903, Lot: 1 1 Dellwood Drive Applicants are seeking permission to Remove an Existing Rear Deck and Patio and Construct a Blue Slate Patio with Pergola and Screened Porch in an R-1(Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. CASE NO. Z 20-015 Brian & Stacy Snider Block: 310, Lot: 20 32 Pine Avenue Applicants are seeking permission to Remove the Existing Deck, Patio and a Portion of the Driveway and Construct a Rear Brick Paver Patio with Seat Wall & Stairs, and Retaining Wall with Steps in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. 7. SCHEDULING AND PROCEDURAL MATTERS – None 8. OLD BUSINESS – None 9. NEW BUSINESS - CASE NO Z 20-016 Peter & Sharon Streit Block: 909, Lot: 8 57 Knollwood Avenue Applicants are seeking permission to construct a 2nd Story Addition and Rear Deck in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Left). Sworn in to testify were Mr. & Mrs. Streit and Mr. William Byrne, Architect. The following exhibits were marked: B–1 Letter of Denial from the Deputy Zoning Official Daniel Buckelew, dated 07-16-2020 A–1 Site Plan prepared by Byrne Design Associates, consisting of Two Sheets, dated May 26, 2020 A–2 Color Photo Array, consisting of (4) photos Mr. and Mrs. Streit provided a brief synopsis to the board for the need of the small addition being requested. Mr. Byrne then began his testimony. The proposed addition will consist of the reconstruction of a portion of the first floor which is currently the kitchen and a sunroom. He noted that the variance being sought is for the expansion on the second floor. The master bedroom is fairly small and the addition will provide an additional eight feet of space. The design will enhance the home for the Streits. The addition will blend nicely with the rest of the home. Mr. Byrne stated that the variance request is fairly de minimis and enhances the existing architecture. Mr. Byrne finished his testimony. Mr. Santoro opened the floor to the Board for questions. ZBA Regular Meeting 10-08-2020  3 Ms. Salko asked if any bedrooms are to be added to the home with the addition. Mrs. Streit stated that there will be no additional bedrooms added. Ms. Salko asked if an OPRA request for the property had been done. Mrs. Streit stated that an OPRA had been done, and no results to the request were found. The air conditioning unit was discussed and the Streit’s were advised that screening should be in place around the unit as stated in the Borough Ordinance. The Streit’s had no objection to this request. The public was given the opportunity to question Mr. Byrne on his testimony this evening, there being none, Mr. Santoro asked the Board to deliberate. The consensus of the Board was to approve the application. A motion to approve the application with the conditions provided by Mr. Gary Hall was made by Mrs. Driscoll, seconded by Dr. Paetzell. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Fitzsimmons, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr. Di Ionno CASE NO Z 20-019 David & Theresa Blackwell Block: 3702, Lot: 36 6 Washington Avenue Applicants are seeking permission to construct a 2nd Story (No Expansion of 1st Story Footprint, No Cantilever) in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Sworn in to testify this evening were Mr. & Mrs. Blackwell, and Jerry Bruno, Architect, the following exhibits were marked: B–1 Letter of Denial from the Deputy Zoning Official Daniel Buckelew, dated 09-14-2020 B- 2 Borough of Madison Resolution dated April 6, 2006 A–1 Survey, dated September 2, 2020 prepared by ABC Surveys, LLC A–2 Arcitectual Drawings prepared by Jerry Bruno, dated July 29, 2020, last revised August 24, 2020, consisting of (5) pages ST-1 and A-1 through A-4. Mrs. Blackwell provided a brief summary of the application stating that addition living space for the family is needed. The Blackwell’s have taken on many home improvement projects over the years and this addition will allow the family to stay in the home that the love. Mr. Santoro asked Mrs. Blackwell to explain the error that was made by the previous architect as stated in a letter dated September 14, 2020 that was in the application package. Mrs. Blackwell stated that several mathematical errors had been made by the previous architect on the work that was completed for the approved variances set forth in the resolution of April 6, 2006. Mr. Bruno began his testimony, he cited that the previous architect did not calculate the building coverage and impervious lot coverage correctly. He stated that the proposed addition that the Blackwell’s are requesting now does not increase the numbers of the building coverage or the impervious lot coverage. Mr. Bruno stated that the roof overhangs and the patio as shown on the survey are included in his calculations. The patio has been in the rear of the property for 18 years. Mr. Bruno shared his screen with the Board. The proposed addition is going over the existing one story garage. This addition will look like it has been a part of the existing home and provide additional space to the Master Bedroom as well as provide a new master bathroom and closet. Ms. Salko asked how the plumbing would be provided to the new bathroom. Mr. Bruno stated that there is a main line from the bathroom below that will be utilized. Mr. Bruno stated that the garage will be taken down to the foundation and be rebuilt. ZBA Regular Meeting 10-08-2020  4 Mr. Foster asked if a drywell should be considered for this application. Mr. Bruno stated that since there is no increase in impervious coverage that a drywell should not be necessary. Mr. Hall stated that this should be validated in some way. Mr. Bruno stated that a Civil Engineer could look at this. After some discussion, it was noted that the applicant’s architect reach out to the Borough Engineer, Mr. Robert Vogel to explore the necessity of a drywell for this application or any other factor to mitigate the storm-water. Mr. Santoro asked the Board if they had any further questions for Mr. Bruno, seeing none he opened the meeting to the public for questions. Seeing none, he closed that portion of the hearing. There being no further comments on the application Mr. Santoro asked the Board to deliberate. The consensus of the Board was to approve the application this evening with the added conditions as provided by Mr. Gary Hall. A motion to approve the application was made by Dr. Paetzell, seconded by Mrs. Driscoll. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mr. Fitzsimmons, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr. Di Ionno 10. OTHER BUSINESS – 11. ADJOURNMENT – The meeting was adjourned at 8:45 pm with a motion made by Mrs. DeRosa and seconded by Mr. Foster Respectfully submitted, Frances Boardman Board Secretary ZBA Regular Meeting 10-08-2020