Zoning Board of Adjustment

1 MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular (Virtual Zoom) Meeting, July 14 2022 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 13, 2022, the Board by Resolution adopted a schedule of meetings. On January 14, 2022 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. Foster, Dr. Paetzell, Mr. Santoro, and Ms. Ransom-Silliman EXCUSED: Ms. Salko, and Ms. Tiritilli ALSO PRESENT: Gary Hall, ZBA Attorney Dennis Harrington, Board Engineer Frances Boardman, Board Secretary 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – The minutes of the May 12, 2022, Regular Zoning Board meeting and the June 9, 2022 Regular Zoning Board meeting. 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 – Mr. Joseph Santoro in recognition of Mr. Timothy Fitzsimmons and Ms. Helen Kaar read commendation resolutions for their years of service to the Zoning Board of Adjustment. ZBA Regular Meeting 07-14-2022  2 Distributed to all Board members for their review was the following resolutions. A voice vote of “Aye” was heard from all eligible voting Board members in approval of the Resolutions. CASE NO. Z 22-011 Resolution granting variance application to Kevin & Irene Rodin, Block: 4702, Lot: 19, 24 Crestview Avenue to construct an Expansion of Existing Patio with grille and Counter Area, Roof over a portion of Expanded Patio, Walkway from Existing Driveway to Expanded Patio, Outdoor Fireplace and a Drywell in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. CASE NO. Z 22-008 Resolution granting variance application to Copper Beech Condominium Association, Block: 3001, Lot: 1.47, 34-42 Loantaka Way to construct a freestanding sign in an R-9 (Multi-Family Residential) Zone requiring relief from Front Yard Setback. CASE NO Z 22-012 Resolution granting variance application to Adam DeBiasse, Block: 2303, Lot: 28, 2 Pine Tree Terrace to construct a 2 ½ Story Addition, Open Front Porch, Wood Deck, Paver Patio, Air Conditioning Unit, Modifications of Existing Asphalt Driveway, Removal of Existing Shed, and Storm Water Management System in an R-3(Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Minimum Modified) and Maximum Principal Building Coverage. CASE NO. Z 22-015 Resolution granting variance application to Evan Palumbo, Block: 309, Lot: 9, 33 Beech Avenue to construct a 2 Story Addition, Paver Patio, Rear Stoop with Steps, Generator, Drywell, Bilco Doors, Relocation of (2) Existing Air Conditioning Units, Removal of Existing Concrete Patio, Minor Grading, and Soil Erosion and Sediment Control Measures in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. 7. SCHEDULING AND PROCEDURAL MATTERS – 8. OLD BUSINESS – CASE NO. Z 22-004 Chet Swartz & Nicole Robbins Block: 4004, Lot: 29 60 East Lane Applicants are seeking permission to construct a 1 Story “Roofed” Patio with Fireplace, Reduction in Existing Patio/Walkway Area, and Modifications to Existing Field Stone Retaining Wall in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. This application was started at the April 14, 2022 meeting of the Zoning Board of Adjustment but not concluded. At the request of the applicant this application will be carried to the August 11, 2022 Zoning Board agenda. The applicant will re-notice all residents within 200 feet and the Madison Eagle. ZBA Regular Meeting 07-14-2022  3 CASE NO. Z 22-009 One Bardon Street, LLC Block: 1003, Lot: 4 1 Bardon Street Applicant is seeking permission to construct a 2nd Story Addition with Rear Cantilever, Landing Steps and Walkway, Air Conditioning Unit, Basement Egress Window and Dumpster in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Bardon Street), Minimum Front Yard Setback (Central Avenue) and Minimum Rear Yard Setback. This application was started on May 12, 2022, but not concluded. At the request of the Applicant’s Attorney this application was carried to the July 14, 2022 Zoning Board agenda without further notice. All parties previously sworn in remain under oath remain under oath. Mr. Thomas Donohue was sworn in, provided his qualifications and accepted as an expert witness to testify this evening. The following exhibits were marked: Exhibit A-4: Seepage Pit Calculations prepared by Donohue Engineering, dated June 29, 2022 Exhibit A-5: Seepage Pit/Landscaping Plan prepared by Donohue Engineering, dated June 28, 2022 Exhibit A-6: Plans (5 Sheets) prepared by Michael Capo Architect, LLC, dated April 1, 2022 last revised 5/13/2022. Mr. Donohue began by sharing his screen and provided the Board with the changes that were made to the proposed plan after the last Board hearing. The revised plans were discussed at length with heavy concentration on the Storm-Water Management plan. Mr. Donohue stated that soil testing will be conducted with this proposed application and he will work with Mr. Harrington to make sure that there are no issues. A river rock trench is being proposed in the rear yard, landscaping along Bardon Street and Central Avenue was discussed. Mr. Harrington asked if the rear River Rock trench could be an 18” trench and 2 feet wide. Mr. Donohue agreed to this stipulation. The Board continued there discussion on the burden of proof for this application. The Board stated that the applicant and their professionals work with Mr. Harrington regarding the drainage, they also stated that the open porch could not be enclosed. After a length deliberation Mr. Santoro opened the meeting to the public for questions or comments, seeing none that portion of the meeting was closed. Mr. Hall provided the conditions for the resolution. A motion to approve with the conditions was made by Mrs. Driscoll, seconded by Ms. Silliman. A roll call was requested and recorded as follows: AYES: Mrs. Driscoll, Mr. Foster, Dr. Paetzell, Mr. Santoro, and Ms. Silliman NAYS: None A five-minute break was taken at 9:07pm, the meeting resumed at 9:15 pm with all members present. ZBA Regular Meeting 07-14-2022  4 9. NEW BUSINESS – CASE NO. Z 22-016 Jaclyn Flavell Block: 4902, Lot: 1 25 Dellwood Drive Applicant is seeking permission to construct a 2 ½ Story Single Family Home, In-Ground Pool, Retaining Walls, Patios, Walks and Terrace Areas, Asphalt Driveway, Storm-Water Management System, Outdoor Grill, Outdoor Shower, Air Conditioning Units, Generator, UCC Pool Compliant Fence and (3) Tree Removals in an R-1 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Dellwood Drive), Minimum Front Yard Setback (Dellwood Parkway West), Maximum Principal Building Coverage, Maximum Impervious Lot Coverage and Minimum Retaining Wall Setback. Mr. Mark Flavell, Mr. John Van Lenten and Mr. Peter Korzen were sworn in to testify this evening. The following exhibits were marked: B-1: Denial letter from Danny Buckelew, dated April 11, 2022 A–1: Site and Engineering plans (5 Sheets) prepared by Korzen Engineering, dated April 4, 2022 last revised April 6, 2022 A – 2: Architectural Plans (4 Sheets) prepared by John Van Lenten, Architect, dated April 1, 2022 having no Revisions A -3 : Color Photos – 6 Sheets Mr. DiIonno recused himself from this application. Mr. Flavell provided an over of the application. Stating that they are looking to demolish the home but keep it with the aesthetics of the neighborhood. He realizes they are asking for a lot with this application. He turned the application proceeding to Mr. Korzen. Mr. Korzen shared his screen, he discussed the existing conditions and the proposed variances created. Storm-water management was discussed. The Board was concerned with the impervious coverage and the drywell system proposed. Mr. Hall stated that the applicant is asking for a huge lift and there has been no justification for approval. Mr. Van Lenten was next to testify. The Board questioned plans for a basement and an attic on the application. It was determined that these plans were not provided to the Board for distribution with the application. Mr. Van Lenten began his testimony, he stated that the home would consist of seven bedrooms and seven bathrooms, the home would be approximately 8,000 square feet. Discussion continued. Mr. Van Lenten stated that he believes that the home fits into the neighborhood nicely. Mrs. Driscoll echoed the sentiment that there is no hardship for the granting of the variances sought. The rest of the Board offered their comments. After a lengthy discussion, the applicant was advised to redesign and return to the board. This application was started but not concluded. It will be carried to the August 11, 2022 meeting subject to the timely submission of revised plans. New notice must be served for that meeting. Mr. DiIonno returned to the virtual meeting ZBA Regular Meeting 07-14-2022  5 CASE NO. Z 22-013 18 West Lane, LLC Block: 4002, Lot: 1 18 West Lane Applicant is seeking permission to construct a 2 ½ Story Single Family Home with Secondary Front Loading Garage, Asphalt Driveway, Paver Patios and Walks, Basement Egress Window, Drywell, Generator and Air Conditioning Units in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (West Side), Minimum Additional Garage Setback and Maximum Principal Building Coverage. Mr. Douglas Kinz, Esq, Mr. Jabara and Mr. Lanzafama were sworn in. The following Exhibits were marked: B - 1: Letter of Denial issued by Danny Buckelew, Deputy Zoning Officer dated March 30, 2022 A – 1: Title and Topographic Survey prepared by Casey & Keller, dated February 4, 2022 having no A – 2: Grading & Drainage Erosion Control Plan prepared by Casey & Keller, dated February 4, 2022, last revised March 16, 2022 A – 3: Architectural Plans (4 sheets) prepared by Washington Architectural Group dated and last revised March 3, 2022 A – 4: Color Photos – 5 Sheets Mr. Kinz provided an overview of the application. Testimony in support of the application was provided by Michael Lanzafama; who described the proposed development. The proposed development would include a drywell and related storm-water management improvements. The Board suggested that the applicant and Mr. Lanzafama work with Mr. Harrington regarding these improvements. The applicant agreed to submit a landscape plan that would include perimeter buffering and indicate tree protection measures. The variances being sought were discussed. Mr. Santoro opened the hearing to the Board for questions for Mr. Lanzafama, seeing none he opened the hearing to the public, seeing none that portion of the meeting was closed. The Board began their deliberation. Mr. Hall provided the conditions for the resolution. A motion to approve with the conditions stated was made by Dr.Paetzell, seconded by Mrs. Driscoll. A roll call was requested and recorded as follows: AYES: Mr. DiIonno, Mrs. Driscoll, Mr. Foster, Dr. Paetzell, Mr. Santoro, and Ms. Silliman NAYS: None CASE NO. Z 22-018 Antonio Rega Block: 4202, Lot: 7 104 Green Avenue Applicant is seeking permission to construct a 2nd Story Addition, 1 Story Addition, Rear Covered Deck and the Removal of Existing Front Concrete Walk in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. Due to insufficient noticing this application will be placed on the August 11, 2022 ZBOA agenda. The applicant must re-notice for this meeting. ZBA Regular Meeting 07-14-2022  6 CASE NO. Z 22-019 Robert & Sherrie Chen Block: 4804, Lot: 3 68 Barnsdale Road Applicants are seeking permission to construct a 1 Story Rear Addition with Crawl Space in an R-2 (Single- Family Residential) Zone requiring relief from Minimum Rear yard Setback and Maximum Impervious Lot Coverage. At the request of the applicant’s attorney this application will be placed on the August 11, 2022 agenda of the Zoning Board of Adjustment. CASE NO. Z 22-020 Tyler & Laura Baker Block: 4202, Lot: 18 9 Wyndehurst Drive Applicants are seeking permission to construct a Second Story Addition, 2 ½ Story Addition, Rear Stone Walkway with Stairs, Rear Roofed Entry, and Front Bay Window in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Side yard Setback (Left). Mr. Steve Azzolini, Esq., Mr. & Mrs. Baker and Ms. Nancy Dougherty were sworn in. The following Exhibits were marked: B - 1: Letter of Denial issued by Danny Buckelew, Deputy Zoning Officer dated May 11, 2022 A – 1: Survey prepared by James Deady Surveyor, LLC, dated 4/29/2022 having no revisions A – 2: Site and Architectural drawings prepared by Studio 1200, LLC, 12 pages, dated May 6, 2022, last revised May 13, 2022 A – 3: Color Photos, two sheets A – 4: Goggle Aerial Photo An opening statement was provided by Mr. Azzolini, Esq., Ms. Dougherty provided her qualifications and was accepted as an expert witness. Ms. Dougherty began by sharing her screen. She showed a substantial buffer to the neighbor. Ms. Dougherty stated that one tree would be removed, for the 183 square foot addition in the rear. The character of the home would be maintained with the addition. The existing and propped floor plans as well as the elevations were discussed at length. There is only one variance that is being requested for a side yard setback on the left. Storm-water management was discussed Mr. baker stated that there was no current flooding issues and that the water drains into the woods at the rear of the property. The home has French Drains currently. It was determined after some discussion that the applicant would work with Mr. Harrington regarding the Storm-water Management on site. Mr. Santoro asked the Board if they had any further questions for the applicant or the architect. Seeing none he opened the meeting to the public. There being no further input from the public the Board began their deliberation. Mr. Hall provided the conditions for the resolution. A motion to approve with the conditions stated was made by Dr. Paetzell, seconded by Mr. Foster. A roll call was requested and recorded as follows: AYES: Mr. DiIonno, Mrs. Driscoll, Mr. Foster, Dr. Paetzell, Mr. Santoro, and Ms. Ransom-Silliman ZBA Regular Meeting 07-14-2022  7 NAYS: None CASE NO. Z 22-021 Joseph & Katharine Siano Block: 4502, Lot: 3 41 Garfield Avenue Applicants are seeking permission to construct an Enclosure of Existing Rear Deck to “Screened Porch” with Roof and New Stairs to Existing Brick Paver Patio in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. At the request of the applicant this application will be carried without further notice to the August 11, 2022 agenda of the Zoning Board of Adjustment. CASE NO. Z 22-022 Sean McGowan & Brianne Flynn Block: 302, Lot: 16 10 Redmond Drive Applicants are seeking permission to construct a 2 Story Cantilevered Addition, Removal of Existing Patio and Portion of Existing Walkway, a New Patio and an Extension of Existing Walkway in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage. Due to insufficient noticing this application will be carried to the August 11, 2022 Zoning Board of Adjustment meeting. CASE NO. Z 22-023 Matthew & Anna Fields Block: 3502, Lot: 6 25 Green Hill Road Applicants are seeking permission to construct a 1 Story Addition, 2 Story Addition, Rear Stoop with Steps, (2) Rear Patios. Rear and Side Stepping Stone Walkways, Air Conditioning Unit and Dumpster in an R-2 (Single- Family Residential) Zone requiring relief from Maximum Principal Building Coverage. This application was carried to the August 11, 2022 agenda of the Zoning Board of Adjustment. CASE NO. Z 22-024 John & Nicole Chismar Block: 503, Lot: 4 15 Avon Drive Applicants are seeking permission to construct a 2 Story Addition, Roof over Existing Rear Concrete Patio, Unroofed Rear Patio, New Raised Roof over Existing Open Front Porch, Widening of Existing Paved Driveway, Proposed Air Conditioning Unit, Generator and Fire Place, and Rear Roofed Landing with Stairs in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Rear Yard Setback, Minimum Right Side Setback, Maximum Principal Building Coverage, Maximum Impervious Lot Coverage and Maximum Driveway Width. This application was carried to the August 11, 2022 agenda of the Zoning Board of Adjustment. 10. OTHER BUSINESS – 11. ADJOURNMENT – This meeting was adjourned at 10:35 pm with a motion made by Mrs. Driscoll and seconded by Ms. Silliman. Respectfully submitted, ZBA Regular Meeting 07-14-2022  8 Frances Boardman Board Secretary ZBA Regular Meeting 07-14-2022