Zoning Board of Adjustment

1 MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular (Virtual Zoom) Meeting, December 9, 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: Mrs. Driscoll, Mr. Fitzsimmons, Ms. Kaar, Dr. Paetzell Ms. Salko, Mr. Santoro Ms. Tiritilli, and Mr. Foster EXCUSED: Mr. DiIonno, Frances Boardman, Board Secretary ALSO PRESENT: Gary Hall, ZBA Attorney Dennis Harrington, Board Engineer Russell Stern, Board Planner 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – The minutes of the November 4, 2021 Zoning Board meeting were not ready for this evening’s meeting. 6. RESOLUTIONS FOR MEMORIALIZATION – There were no resolutions for memorialization this evening. 7. SCHEDULING AND PROCEDURAL MATTERS – ZBA Regular Meeting 12-09-2021  2 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. A transcript of this evening’s proceeding was prepared by Rizman Rappaport Certified Court Reporters. Mr. Raccioppi, Esq. introduced Mr. Bryan Ehnes, Engineer. Mr. Ehnes previously sworn, provided an overview of the changes that were made to the proposed application after hearing the comments and concerns of the Board and its professionals. The following exhibits were marked: Exhibit A-6: Further Revision of Exhibit A-5 Exhibit A-7: Freestanding Sign Exhibit prepared by EM Signs Exhibit A-8: Example of the Stone Finish for the Freestanding Sign Exhibit A-9: Façade Rendering Mr. Ehnes began his testimony by reviewing the changes that were made to the application after the last board meeting. These changes were discussed at length. The PA system was discussed and it was determined that the volume would be restricted and that Mr. Stern and Mr. Harrington will monitor. Lighting was discussed next, and will be reviewed by Mr. Harrington after one year. Signage and landscaping plans for the site was discussed and will be reviewed by Mr. Stern. A five minute break was taken at 8:52pm, meeting resumed at 9:00pm with all members present. Mr. Santoro opened the meeting up to the Public for questions for Mr. Ehnes. Ms. Claire Whitcomb, Environmental Chair asked several questions regarding the proposed planting list, EV charging stations, recycling bins and low flow fixtures. Mr. Ehnes stated that there are recycling bins on site, as well as LED lighting and low flow fixtures. Mr. John McDonough was sworn in this evening to provide his planning testimony. The following exhibit was marked: Exhibit A-10: Maps and Photographs of the subject property Mr. McDonough reviewed the relief being sought for this application, which included use, “C” and “D” variances and signage. Mr. Stern asked if the vertical sign on the drive-thru canopy could be eliminated. Mr. McDonough stated that it could. 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 Dr. Paetzall seconded by Mr. Foster. A roll call was requested and recorded as follows: ZBA Regular Meeting 12-09-2021  3 AYES: Mrs. Driscoll, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr. Foster NAYS: Mr. Fitzsimmons 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. At the request of the applicant, this application is being withdrawn. 9. NEW BUSINESS – CASE NO. Z 21-031 Josh Auzins Block: 1902, Lot: 13 3 Grove Street Applicant is seeking permission to construct a Detached 2 Car Garage, Dormer addition to Existing Principal Dwelling, Bilco Doors, Wood Deck, Paved Patio, Paving of Portion of Existing Gravel Driveway, Removal of Portion of Existing Gravel Driveway, Topsoil, Seed and Fertilize Area of Removed Gravel Driveway. Note: Roadway Drop Curb and Portion of Existing Driveway is “Shared” with Adjacent Property located at 3 Grove Street in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Accessory Structure Floor Area, Minimum Property Line to Driveway Setback and Maximum Impervious Lot Coverage. Sworn in to testify this evening was Mr. Josh Auzins and the following exhibits were marked: B - 1: Letter of Denial issued by Danny Buckelew dated June 3, 2021 A – 1: Survey prepared by CEL Land Surveys, dated 6/9/2011 A – 2: Survey prepared by CEL Land Surveys dated 6/9/2011 with proposed changes A – 3: Architectural plans consisting of 1 sheet dated June 5, 2021 prepared by Arthur Henn A – 4: 6 Color photos Mr. Auzins began his testimony; Mr. Harrington stated that paving half of a shared driveway is problematic. It was determined that Mr. Auzins should work with his neighbor to pave the entire shared driveway. A discussion on the paving concerns and the impact on the impervious coverage were discussed at length. Suggestions on the use of pavers, gravel, or grass with concrete strips to get back to the proposed detached garage were discussed with Mr. Auzins. Mr. Santoro asked the applicant to re-consider his proposed application and return to the Board at the January 13, 2022 zoning board meeting. It was noted that the applicant would return with revised plans without further notice. ZBA Regular Meeting 12-09-2021  4 CASE NO. Z 21-032 Tamara Feldman & Jeffery Witz Block: 4802, Lot: 22 2 Winding Way Applicants are seeking permission to construct a 2nd story Addition, Open Front Porch and an Air Conditioning Unit in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback – Winding Way, Minimum Front Yard Setback – Sinclair Terrace, Minimum Side Yard Setback – Right, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. This application was not reached and was carried to the January 13, 2022 meeting of the Zoning Board without further notice. 10. OTHER BUSINESS – 11. ADJOURNMENT – The meeting was adjourned at 11:00pm with a motion made by Mrs. Driscoll and seconded by Ms. Kaar. Respectfully submitted, Frances Boardman Board Secretary ZBA Regular Meeting 12-09-2021