Zoning Board of Adjustment

1 MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular (Virtual Zoom) Meeting, November 10, 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 Mr. Foster, Dr. Paetzell, Ms. Salko, Mr. Santoro, Ms. Tiritilli, Ms. Ransom-Silliman and Mr. Sherman EXCUSED: Mrs. Driscoll ALSO PRESENT: Gary Hall, ZBA Attorney Dennis Harrington, Board Engineer Frances Boardman, Board Secretary Russell Stern, Board Planner Harold Maltz, Board Traffic Expert 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL – The minutes of the October 13, 2022, Regular Zoning Board meeting for adoption. Several corrections were noted on the minutes and a voice vote of “Aye” was heard by all eligible voting Board members. 6. RESOLUTIONS FOR MEMORIALIZATION – Distributed to all Board members for their review were the following resolutions. Several corrections were noted and a voice vote of “Aye” was heard from all eligible voting Board members in approval of the Resolutions. ZBA Regular Meeting 11-10-2022  2 CASE NO. Z 22-028 Resolution granting variance application to 21 Cookie Dough, LLC, Block: 1502, Lot: 9, 21 Cook Avenue to construct a Hanging Sign in the CBD-2 (Central Business District 2) Zone requiring relief from No Hanging Signs allowed in this zone. CASE NO. Z 22-029 Resolution granting variance application to Cesar & Gina Morales, Block: 707, Lot: 14 2 Overhill Drive to construct a 2nd Story Addition, Rear 2 Story and 1 Story Additions, Side 1 Story Addition, Rear Deck Platform with Steps, Front Stoop with Roof, Expansion of Existing Rear Paver Patio, Widening of Existing Asphalt Driveway, Removal of Existing Front Concrete Sidewalk and Replaced with Brick Paver Walk, Removal of Existing Side Yard Walkway Replaces with Paver Walkway, and Relocation of Existing A.C Compressor Unit in an R-3 (Single Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), Maximum Principal Building Coverage and Minimum Side Yard Walkway Setback. 7. SCHEDULING AND PROCEDURAL MATTERS 8. OLD BUSINESS – CASE NO. Z 22-025 Bill Staffieri Block: 4101, Lot: 7 222 Woodland Road Applicant is seeking permission to construct an Expansion of Existing Hardscape Area around Existing In- Ground Pool, Outdoor Kitchen, Pergola, Relocation of Existing U.C.C. Compliant Fence, Drywell and Extensive Plantings in an R-1 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. At the request of the applicant this application will be carried to the January 12, 2023, ZBOA agenda. CASE NO. Z 21-030 Angelica Properties, LLC Block: 1302, Lots: 7 & 8 64 & 66 Park Avenue Applicant is seeking Preliminary and Final Site Plan with Variances and Lot Merger to construct 17 new residential units within 3 New Buildings in an R-4 Overlay requiring relief from density variance and six bulk variances. This application was started at the September 8, 2022 Zoning Board meeting but not concluded. At the request of the Applicant’s Attorney this application will be carried to the November 10, 2022, Zoning Board of Adjustment meeting. Ms. Stone-Dougherty stated that this is the continued hearing on 64-66 Park Avenue, which began on September 8, 2022. Ms. Stone-Dougherty stated that the applicant and his professionals heard what the Board discussed at that meeting and have presented revised site plans dated October 20, 2022, and revised architectural plans dated October 3, 2022 this evening. Mr. John Ferrante previously sworn at the last meeting remains under oath. The following exhibits were marked: Exhibit A-4: Revised Site Plan dated October 20, 2022 prepared by John Ferrante Exhibit A-5: Revised Architectural Drawings dated October 3, 2022 prepared by Robert Coleman ZBA Regular Meeting 11-10-2022  3 Mr. Ferrante explained the revisions that were made to the application, which included the removal of one dwelling unit on Building D for 6 total units. In addition, the 2-unit affordable housing unit that was located on the end of Building F was swapped with a full sized unit from the end of Building E. These changes in unit configurations created additional building frontage distance to Park Avenue and Elm Street. With the changes made to the proposed site plan the requested variances has been reduced to three from the six previously requested. Additional parking spaces are proposed and now meets the Ordinance parking requirements. Lot coverage was reduced. The applicant heard the concern at the last meeting regarding the loss of trees and additional landscaping is being proposed. Exhibit A – 6: Alternate Walkway Plan, 1 page prepared by John Ferrante Mr. Ferrante shared the alternate walkway plan on his computer and the trees that are being abated by this alternate plan were discussed at length. Tree removal for the project was discussed at length. Mr. Ferrante stated that 66 new trees are being provided; however, the application is still 14 trees short for Ordinance compliance. Dennis Harrington’s memorandum dated November 3, 2022 was discussed. The Fire Department is satisfied with the addition of a fire hydrant on site. All garages will have EV chargers installed. An abbreviated EIS statement will be provided by the applicant and reviewed by Mr. Harrington. Mr. John DeSimone, previously sworn and remaining under oath stated that a 40 amp dedicated line for EV charging will be provided in each garage. EV charging was discussed at length. Mr. Stern stated that there are scattered locations throughout the site that has the possibility for additional trees to be planted. The applicant will work with Mr. Stern regarding these plantings. Sound insulated windows will be provided for the units. Right of Way dedication was discussed. Other items touched upon included waste collection, lighting and the existing sewer calculations. There will be no banked parking spaces and the proposed speed bump will be removed. The memorandum from Mr. Harold Maltz, dated November 1, 2022 was discussed next. Mr. Maltz stated that all previous comments had been addressed. Mr. Hall stated that the zoning table on the plans needed to be clarified and corrected and all affordable housing units must be noted. Pavers for the parking spaces on this project were discussed. Mr. DeSimone states that pavers provide an issue with snow removal. Mr. Santoro asked if the Board and it’s professionals if they had any further questions for Mr. Ferrante. Seeing none he opened the meeting to the public for questions. Mrs. Claire Whitcomb MEC Chairwoman asked if the appliances would be electric. Mr. DeSimone stated that the units would be a hybrid of electric and gas. Lighting was discussed and it was determined that Mr. Ferrante will work with Mr. Harrington regarding lighting. Mr. Crocovia, Shade Tree Management Chairman addressed the tree issues. It was determined that the applicant will work with Mr. Stern regarding landscaping. Kirsten Wallenstein, MEC member asked again about the appliances and Mr. DeSimone stated that the stoves would be gas and the dryer’s would be electric. Next, to be sworn in and testify was Mr. Peter Steck, Planner ZBA Regular Meeting 11-10-2022  4 The following Exhibit was marked into evidence. Exhibit A-7: 4 page color exhibits prepared by Peter Steck, dated November 9, 2022. Mr. Steck began his testimony by sharing his screen, bringing up Exhibit A-7. Mr. Steck stated that this project contains 16 units in three buildings. Each building is proposed three stories. These units will be rental units and comply with the density of the Borough Code. There will be two two-bedroom COAH units in Building E and one three-bedroom COAH unit in Building F. The proposed fencing on the site was discussed and will not exceed into the front yard. The variances being requested with this application were discussed at length and Mr. Steck stated that the benefits clearly outweigh the detriments in this application. The aesthetics will be advanced and be in parallel style to Phase I and II which are oriented on Elm Street. Mr. Steck stated that this is a cohesive development. Mr. Santoro asked the Board if they had any questions for Mr. Steck, seeing none the testimony continued. Mr. Stern’s revised memorandum dated November 1, 2022 was discussed at length. The applicant stipulated to all memorandum details. Mr. Santoro opened the meting to the public for questions of Mr. Steck, seeing none that portion of the meeting was closed. Ms. Stone-Dougherty stated that there was no further professional testimony. Mr. Santoro opened the meeting to the public for comments. Mrs. Claire Whitcomb asked if the landscaping design was going to be viewed as one lot. The applicant stated that the landscaping would be viewed as one since the lots were going to be combined. Mrs. Mary Ellen Lenahan stated that the revisions made to the application presented a much better application. Ms. Stone-Dougherty presented her closing argument. The Board began their deliberation. Mr. Hall provided the conditions for the resolution. A motion to approve was made by Dr. Paetzell, seconded by Ms. Tiritilli. A roll call was requested and recorded as follows: AYES: Mr. DiIonno, Mr. Foster, Dr. Paetzell, Ms. Salko, Mr. Santoro, Ms. Tiritilli, Ms. Ransom-Silliman NAYS: None RECUSED: Mrs. Driscoll 9. NEW BUSINESS – CASE NO. Z 22-014 Simonfay Family Real Estate, LLC Block: 5202, Lot: 5 335 Main Street Applicant is seeking Preliminary and Final Site Plan with Intensification of Use and Variances in the Gateway I Zone requiring relief from Intensification of Use, Maximum Impervious Lot Coverage and Required Number of Parking Spaces. Due to a defect in the appropriate zone this application will need to be revised and new notices will need to be sent out to both residents within 200 feet and the newspaper. A five minute break was taken at 10:15pm, the meeting resumed at 10:22pm with all members present. ZBA Regular Meeting 11-10-2022  5 CASE NO. Z 22-030 Brad & Jaclyn Harabedian Block: 906, Lot: 6 14 Longview Avenue Applicants are seeking to Widen an Existing Asphalt Driveway in an R-3 (Single Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage and Minimum Side Yard Driveway Setback. Sworn in to testify was Mr. Brad Harabedian The following Exhibits were marked: B - 1: Letter of Denial issued by Danny Buckelew, Deputy Zoning Officer dated August 29, 2022 A – 1: Survey prepared by ABC Survey, LLC, dated September 28, 2020, having no revisions. This survey reflects the proposed improvements. A – 2: Color photos – 1 Sheet Mr. Harabedian provided an overview of the application, He would like to widen the driveway to fit the family vehicles and so that the driveway is functionable for he and his wife. He stated that the lot is undersized and not wide enough for the two family cars. The Board began to discuss and asked if he would consider maintaining the existing curb cut, Mr. Harabedian commented that he would like to keep the proposed application. There was no further comments from Mr. Harabedian. Mr. Santoro opened the meeting to the public for questions and comments. Mrs. Mary Ellen Lenahan stated that getting in and out of the current driveway is tricky and the proposed driveway is a better solution for the family. The Board began their deliberation. A motion to approve was made by Mrs. Ransom-Silliman, seconded by Ms. Tiritilli. A roll call was requested and recorded as follows: AYES: Mr. DiIonno, Mr. Foster, Dr. Paetzell, Ms. Salko, Mr. Santoro, Ms. Tiritilli, and Ms. Ransom-Silliman NAYS: None RECUSED: None CASE NO. Z 22-031 Timothy & Kristine Begley Block: 2001, Lot: 11 13 Alexander Avenue Applicants are seeking permission to construct a 2nd Story, Front and Side Wrap-Around Concrete Open Porch with Masonry Stairs, Front Paver Walkway, and Pergola over Existing Rear Deck. Also the Removal of Existing Front and Side Concrete Wrap-Around Porch, Front Masonry Stairs, Concrete Walkway and Portion of Rear Existing Asphalt Driveway in an R-3 (Single Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Due to insufficient noticing this application will be placed on the December 8, 2022 Zoning Board agenda. New noticing is required. ZBA Regular Meeting 11-10-2022  6 CASE NO. Z 22-032 Tony Dimeo Block: 907, Lot: 7 18 Sherwood Avenue Applicant is seeking permission to construct a 2nd Story Addition, Rear 2 Story Addition, Front 2 Story Addition, (2) Front Porches, Front Walks with Steps, AC Unit, Storm Water Management, Dumpster, Tree Protection along with the Removal of Rear and Side Patios with Steps, Rear Enclosed Porch, Rear Storage Area, Front Walk and Steps in an R-3 (Single Family Residential) Zone requiring relief from Minimum Front Yard Setback and Maximum Principal Building Coverage. This application was not reached and carried without further notice to the December 8, 2022 Zoning Board of Adjustment Agenda. CASE NO. Z 22-033 Scott Menzer Block: 2204, Lot: 8 5 Spring Garden Drive Applicant is seeking permission to construct a Rear Yard 2nd Story Deck, and a Ground Level Wet Laid Patio in an R-3 (Single Family Residential) Zone requiring relief from Minimum Side Yard Setback (Left), Minimum Rear Yard Setback and Maximum Impervious Lot Coverage. This application was not reached and carried without further notice to the December 8, 2022 Zoning Board of Adjustment Agenda. 10. OTHER BUSINESS – 11. ADJOURNMENT – This meeting was adjourned at 10:50 pm with a motion made by Mr. Foster and seconded by Dr. Paetzell. Respectfully submitted, Frances Boardman Board Secretary ZBA Regular Meeting 11-10-2022