Zoning Board of Adjustment

1 MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular (Virtual Zoom) Meeting, October 14, 2021 at 7:30 P.M., Hartley Dodge Memorial Building, 50 Kings Road, Madison, New Jersey. 1. CALL TO ORDER BY CHAIRMAN JOSEPH SANTORO 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 14, 2021, the Board by Resolution adopted a schedule of meetings. On January 15, 2021 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. Beginning in April 2020, in response to public safety considerations and legal authorization, the Board of Adjustment began conducting its monthly meetings on the previously noticed dates remotely using the Zoom platform, and subsequently separate notices have been published each month advising of this change and indicating that the procedures and requirements for monitoring such meetings and for making public comment, along with an explanation of the audio muting function of the electronic communications platform being utilized, is provided with detailed information on “How to Use Zoom and Participate” found on the Rosenet Webpage Communications / Virtual Meetings at HTTP://www.rosenet.org/1273/Virtual-Meetings. 3. ROLL CALL PRESENT: Mr. DiIonno, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell Ms. Salko, Mr. Santoro Ms. Tiritilli, and Mr. Foster EXCUSED: None ALSO PRESENT: Gary Hall, ZBA Attorney Dennis Harrington, Board Engineer Russell Stern, Board Planner Frances Boardman, Board Secretary 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – The minutes of August 12, 2021 and September 9, 2021 The above referenced minutes were distributed to all Board members for their review prior to this evening’s meeting. A voice vote of aye was heard from all eligible voting Board members in approval of the minutes. 6. RESOLUTIONS FOR MEMORIALIZATION – Distributed to all Board members for their review were the following resolutions A voice vote of “Aye” was heard from all eligible voting Board members in approval of the Resolutions. ZBA Regular Meeting 10-14-2021  2 CASE NO. Z 21-022 Resolution granting variance application to Paul Brothers, Block: 4315, Lot: 19, 12 Douglas Avenue to construct a 1 Story Addition with a Drywell in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – CASE NO. Z 21-017 The Heller Group Block: 2208, Lot: 27 306 Main Street Applicant is seeking Preliminary & Final Site Plan approval, Conditional Use, Bulk Variances and Waivers to permit certain alterations for the adaptive use of the former bank building with Drive-Thru access and reconfiguration of the existing parking lot. At the request of the applicant’s attorney this application will be carried without further notice to the Thursday, November 4, 2021 meeting of the Zoning Board of Adjustment 9. NEW BUSINESS – CASE NO. Z 21-026 Shannon & Anna Bradshaw Block: 910, Lot: 2 79 Greenwood Avenue Applicants are seeking permission to construct a 1 Story Addition with Full Height Basement, Basement Egress Window, Relocation of Existing Air Conditioning Condenser, Removal and Replacement of Existing Front Walk and Removal of Existing Concrete Pad in an R-3 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Sworn in to testify this evening was Mr. & Mrs. Bradshaw and Brian Siegel and Tom Bejack from Siegel Architects. The following exhibits were marked: B - 1: Letter of Denial issued by Danny Buckelew dated July 21, 2021 A – 1: Survey prepared by Benjamin & Wizorek, dated 12/3/2018 A – 2: Color Photos, 1 Sheet, consisting of four photos total A – 3: Site and Architectural Plans prepared by Brian Siegel, Architects consisting of four sheets last revised 7-27-2021 Mr. Bradshaw began his testimony; stating that they would like to expand the current home while keeping the existing street appeal. The home is an English Cottage built in 1920 and the proposed addition will keep with the style of the home. The variances being sought were discussed by Tom Bejack. He stated that the lot is undersized creating a hardship for the Bradshaw’s. Mr. Siegel shared his screen and showed the existing and proposed floor plans as well as the elevations of the existing and proposed addition. The main objective was to maintain the look of the existing home while adding the living space desired by the Bradshaw’s. ZBA Regular Meeting 10-14-2021  3 Mr. Santoro asked the Board if they had any further questions on this application. Mr. Santoro questioned the egress window in the basement. Mr. Harrington stated that the window egress was up to building code. A question was raised on the sump pump discharge and where it goes. Mr. Bradshaw stated that the sump pump discharges to gravel under the deck. Mr. Harrington had concerns with water discharge on others properties. Mr. Siegel stated that the roof leaders would discharge to the rear of the property. It was noted that the applicant’s would work with Mr. Harrington regarding storm- water management. Mr. Santoro asked the Board if they had any further questions seeing none he opened the meeting to the public. There being no public that wished to be heard; that portion of the meeting was closed. The Board began its deliberation. A motion to approve with conditions was made by Ms. Kaar seconded by Mrs. Driscoll. A roll call was requested and recorded as follows: AYES: Mr. DiIonno, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Ms. Salko, and Mr. Santoro NAYS: None CASE NO. Z21-027 Loreto Evangelista Block: 4703, Lot: 6 94 Woodland Road Applicant is seeking permission to construct a Covered “Open” Front Porch with Modified Roof Peak, Removal and Replacement of Existing Front Walk in an R-2 (Single Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Sworn in to testify this evening was Mr. & Mrs. Evangelista. The following exhibits were marked: B - 1: Letter of Denial issued by Danny Buckelew dated July 16, 2021 A – 1: Color rendering of current survey A – 2: Survey prepared by Benjamin & Wizorek, dated 6/7/2014 with proposed changes and dimensions recorded by Washington Architectural Group A – 3: Architectural plans consisting of 4 sheets, dated July 7, 2021 prepared by Washington Architectural Group A – 4: 5 Color photos Mr. Evangelista began his testimony; he stated that there is no additional living space being constructed they are simply looking to construct a proposed covered porch on the front of the home. The home was purchased in 2014 and they removed a portion of the deck and increased the size of the patio without permits thus the increase in the impervious coverage calculation. Mr. Santoro asked the size of the angled shed in the rear yard. Mr. Evangelista stated that the shed is a prebuilt 12’ x 12’. Mr. Santoro stated that he has concerns with the Impervious Coverage; there is no storm-water management on this oversized lot. He would like to see a reduction in the impervious coverage number. He asked the applicants to consider a drywell or some sort of storm-water management on the property. The other Board members also expressed their concern. Mr. Santoro advised the applicants to recheck the numbers on the zoning table that were submitted with the application and work with an engineer to figure out the storm-water management and the reduction of impervious coverage. ZBA Regular Meeting 10-14-2021  4 The applicant was informed that all submissions must be posted to the Borough Website and all revised plans must be provided to the Board secretary no later than October 25, 2021. The application will be carried to the November 4, 2021 for continued hearing without further notice. A five-minute break was taken at 9:08pm. The meeting resumed at 9:18pm with all members present. CASE NO. Z 21-028 Harold & Susan Han Block: 3301, Lot: 33 1 Treadwell Avenue Applicants are seeking permission to construct a (2) 1 Story Additions, Front Covered Open Porch, Front Bluestone Walk, Rear Bluestone Patio and Deck with Stairs, Drywell and Air Conditioning Unit in an R-1 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback – Laurel Way, Minimum Front Yard Setback – Treadwell Avenue, Minimum Front Yard Setback – Madison Avenue, Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Sworn in to testify this evening was Mr. & Mrs. Hans and Mr. Jerry Bruno. The following exhibits were marked: B - 1: Letter of Denial issued by Danny Buckelew dated August 18, 2021 A – 1: Survey prepared by Morgan Engineering, dated 06/19/2013. A – 2: Site and Architectural Plans prepared by Jerry Bruno last revised August 15, 2021, consisting of 5 sheets Mr. & Mrs. Han began their testimony; they stated that the home was built in 1953 and is a bit dated both inside and out. They have two daughters and would like to renovate the home to provide space for entertaining as well as to provide needed space for an office area necessary for working from home. The need for additional living space, with the proposed addition would provide the family a communal area to share with family and friends. Mr. Bruno shared his screen reciting the variances that requested with this application. The main entrance to the home is on Treadwell Avenue, but the lot conformity presents with three frontages (Madison Avenue, Treadwell Avenue and Laurel Way). A drywell is proposed to be provided with this application, which will capture as much roof area as possible. Mr. Bruno continued his testimony showing the first and second floor plans and the elevations of the proposed application. He stated that the application is keeping with the character of the neighborhood. He stated that the proposed patio is 20’ x 20’. Mr. Santoro asked the Board if they had any further questions on this application, Mr. Foster asked what the drywell would capture, Mr. Bruno stated that the drywell would capture as much roof runoff as possible. He also stated that he is willing to work with the Assistant Borough Engineer, Mr. Harrington. There being no further questions from the Board he opened the meeting to the public. There being no public that wished to be heard that portion of the meeting was closed. The Board began its deliberation. A motion to approve with conditions was made by Dr. Paetzell seconded by Ms. Kaar. A roll call was requested and recorded as follows: AYES: Mr. DiIonno, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Ms. Salko, and Mr. Santoro NAYS: None ZBA Regular Meeting 10-14-2021  5 CASE NO. Z 21-029 Norrette & Michael Gilliland Block: 1108, Lot: 16 18 South Street Applicants are seeking permission to construct a Front Second Story, Front Open Porch, Rear Deck and Air Conditioning Unit in an R-4 (One or Two Family Single Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Side Yard Setback. Sworn in to testify this evening was Mr. & Mrs. Gilliland. The following exhibits were marked: B - 1: Letter of Denial issued by Danny Buckelew dated August 24, 2021 A – 1: Survey prepared by JSS Land Surveying dated 03/30/2021. A – 2: Site and Architectural Plans prepared by Joseph Marchaese, Architect, last revised August 20, 202, “Variance Set” consisting of three sheets. Mr. & Mrs. Gilliland began their testimony; they purchased the home in April 2021 but the home was built in 1949 and needs work. They are proposing a second floor Shed Dormer addition. The addition of a deck in the rear and a Front Open Porch. The setback variances were discussed along with the proposed elevations. The Gilliland’s stated that the open front porch is an upgrade to the home and is keeping with the character of the neighborhood. The variances are minimal and can be granted without a detriment to the public good or zone plan. Mr. Santoro mentioned that the proposed air conditioning unit should be screened according to the Borough Ordinance. The Board felt that this application was a thoughtful design and is keeping with the character of the neighborhood. Mr. Santoro asked the Board if they had any further questions on this application, seeing none he opened the meeting to the public. There being no public that wished to be heard that portion of the meeting was closed. The Board began its deliberation. A motion to approve the application was made by Mrs. Driscoll seconded by Mr. Fitzsimmons. A roll call was requested and recorded as follows: AYES: Mr. DiIonno, Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell, Ms. Salko, and Mr. Santoro NAYS: None 10. OTHER BUSINESS – Ms. Claire Whitcomb, Chairwoman of the Madison Environmental Commission made a presentation entitled “How Sustainability Intersects Site Plan Review to the Board. A power-point presentation was used during this presentation. Several items discussed included Madison’s Carbon Footprint, Sustainable Buildings, New Environmental Checklist for Site Plan applicants, Native Plantings, Creating a Regional Climate Action Template and the Borough Master Plan. 11. ADJOURNMENT – The meeting was adjourned at 10:25pm with a motion made by Mrs. Driscoll and seconded by Ms. Kaar. Respectfully submitted, Frances Boardman Board Secretary ZBA Regular Meeting 10-14-2021