Council Closed Session

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, June 14, 2018 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey 1. CALL TO ORDER BY CHAIRPERSON 2. ANNOUNCEMENT OF NOTICE (STATEMENT OF COMPLIANCE) A regular meeting of the Borough of Madison Zoning Board of Adjustment was held June 14, 2018 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building located at Kings Road, Madison, N.J. Chairman, Joseph Santoro opened the meeting and requested the reading of the public notice as follows: “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 11, 2018, the Board by Resolution adopted a schedule of meetings. On January 12, 2018, 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: Joseph Santoro, Toni DeRosa, Diane Driscoll, Roger Paetzell, Melissa Elias, Helen Kaar, Mary Sue Salko and Tim Fitzsimmons ALSO PRESENT: Gary Hall, ZBA Attorney EXCUSED: Chris Tomlin 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL - Regular Meeting of May 10, 2018 The Minutes were distributed to all Board members prior to this meeting for their review. 6. RESOLUTIONS FOR MEMORIALIZATION – The Resolutions were distributed to all Board members prior to this meeting for their review. CASE NO. Z 18-008 Resolution granting variance application to Christina Boyle, Block: 504, Lot: 7, 9 Buckingham Drive to construct a 2 Story Addition, Covered Front Porch and Stoop, Rear Deck and A.C. Unit in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Side Yard Setback (Right), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. A voice vote of aye was heard from all eligible voting Board members adopting this Resolution. CASE NO. Z 18-004 Resolution granting variance application to Rohan Tucker, Block: 901, Lot: 43, 154 Rosedale Avenue to Comply with Approved Site & Grading Plan, Resulting in Disturbance of Existing Moderate and Critical Slopes, Non- Compliant Front Yard Setback, the Removal of 10-12 Trees which were to Remain, and Two Notices of Violations issued by the Morris County Soil Conservation District in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Moderate Slope Disturbance and Critical Slope Disturbance. A slight change regarding the Borough Planner’s review was made. A voice vote of aye was heard from all eligible voting Board members adopting this Resolution. CASE NO. Z 18-007 Resolution granting variance application to Ladd Properties, LLC, Block: 3301, Lot: 32, 5 Laurel Way to Remove Existing Dwelling to Existing Foundation, Raise Existing Foundation by (2) Courses of 8” Block, ZBA Regular Meeting 6-14-18 Page 1 Construct New Foundation for Proposed Rear Sunroom/Dinette, Construct 2 ½ Story Single Family Dwelling in an R-1 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. A voice vote of aye was heard from all eligible voting Board members adopting this Resolution. CASE NO. Z 12-014 Resolution granting variance application to Sanjai & Renu Narain, Block: 3001, Lot: 49, 4 Carteret Court a One Year Extension of Approval for Variances Approval granted by Resolution which was adopted on July 12, 2012 to authorize construction of a 1 Story Rear Addition in an R-2 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. A voice vote of aye was heard from all eligible voting Board members adopting this Resolution. 7. SCHEDULING AND PROCEDURAL MATTERS – Additional Zoning Board Meeting to be scheduled for June 28, 2018. Mr. Santoro announced the meeting is set for June 28, 2018 and a motion was heard from Mrs. Driscoll and seconded by Ms. Kaar, with a voice vote of aye from all Board members approving the motions. 8. OLD BUSINESS: CASE NO. Z 18-003 Jan Marks Block: 3702, Lot: 23 33 Prospect Street Applicant is seeking permission to Expand the Existing Slate (In-Ground Pool) Patio, Installation of a Pool “Enclosure” Structure and Rain Garden in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage, and Maximum Floor Area Accessory Structure. This application was started, but not concluded, at the April 12, 2018 meeting of the Zoning Board of Adjustment. At the request of the Architect this application will be carried to the July 12, 2018 Zoning Board of Adjustment meeting. CASE NO. Z 18-005 David Stern Block: 4801, Lot: 1 80 Noe Avenue Applicant is seeking permission to Remove the Existing Pergola, to be replaced with a Solid Roof: NOTE; the Existing Pergola, Paver Patio, Fire Pit and Associated Gravel Area was installed without receiving Zoning Approval. In an R-2 (Single-Family Residential) Zone requiring relief from Maximum Principal Building Coverage, Minimum Side Yard Setback (Right), Maximum Impervious Lot Coverage and Maximum Height of Fence and Type of Fence. This application was started, but not concluded, at the May 10, 2018 meeting of the Zoning Board of Adjustment. This application will be carried to the next Regular Meeting scheduled for July 12, 2018. 9. NEW BUSINESS – CASE NO. Z 18-006 Gina Dewar Block: 1101, Lot: 31 14 Sayre Court Applicant is seeking permission to construct a Cantilevered (Front) 2nd Story, Front Portico in an R-3 (Single- Family Residential) Zone requiring relief from Minimum Front Yard Setback (Sayre Court), Minimum Rear Yard Setback and Maximum Principal Building Coverage. Gina Dewar and Robert Coleman, Architect were sworn in and the following exhibits were marked: ZBA Regular Meeting 6-14-18 Page 2 B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew, dated 1-31-18 A – 1 Copy of Existing Survey, dated 5-21-13 A – 2/3 House Architectural Plans 12-13-17, rev.1-31-18, 2 sheets, prepared by Robert Coleman A – 4 Colored front elevation dated 12-13-17 rev. 1-31-18 Ms. Dewar began by stating an additional room is needed for her two growing children. A portico is planned with a railing for safety. Mr. Coleman began by stating he will submit a set of plans, he then began to review the plans room by room and the exterior has two dormers in the attic. One room will be added on the left side of house and it will be a bedroom. Mr. Coleman explained there are two non-conforming front yards. A roof will be added over the front steps for safety and protection from the inclement weather. For the new roofline a gutter will be leading into the existing roof gutters and the downspouts and leaders will be brought to a different area. There being no further testimony and comments and questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application was made by Mrs. DeRosa and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko and Mr. Santoro. CASE NO. Z 18-009 Jessica Van Tassell Block: 1001, Lot: 64 17 Fairview Avenue Applicant is seeking to the Removal and Reconstruction of Existing Open Front Porch Roof, Removal and Reconstruction of Existing 1 Story Side Portion of Existing Dwelling, Removal and Reconstruction of Existing Rear Sunroom, Removal of Existing Rear Paver Block Patio, Construction of New Rear Paver Block Patio with Walkway to Existing Detached Garage in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback and Minimum Side Yard Setback (Left). Ms. Van Tassell was sworn in and the following exhibits were marked: B–1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew, dated 3-14-18 B–2 Two page Resolution dated 7-22-1991 A–1 Location Survey Map prepared by Richman and Lupo, dated 1-1-17 A–2 Plans prepared by MBA Architects, 8-19-15 rev. 12-14-17 Ms. Van Tassell began by reviewing the property and its past as it was an original house and a variance was granted. The existing sunroom and mudroom was originally the front porch and then was added onto. It was enclosed during the 1980’s and the applicant purchased it as is. The applicant is requesting to re-build the area. The neighbor is also non-conforming being two feet from the property line. The distance between the two homes is minimal. She continued by explaining what will be done. Vast amounts of the patio will be removed and a walkway to the rear will be constructed which will slightly reduce the impervious coverage. There being no further testimony from the applicant and questions from the public or Board, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application was made by Mrs. Driscoll and seconded by Ms. Salko. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko and Mr. Santoro. CASE NO. Z 18-010 Robert & Renee Hauserman ZBA Regular Meeting 6-14-18 Page 3 Block: 1004, Lot: 21 130 Greenwood Avenue Applicants are seeking permission to construct a Detached (2) Car Garage in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Floor Area Accessory Structure, Maximum Height of Accessory Structure and Minimum Side Yard Setback Accessory Structure. This application will be carried to the next Regular Meeting scheduled for July 12, 2018. CASE NO. Z 18-011 Suzanne & Michael Fee Block: 3601, Lot: 9 29 Vinton Road Applicants are seeking permission to construct a Brick Paver Patio with knee Wall and Walkway, Connection of Existing Principal Building and Existing Detached Garage Downspouts to Municipal Inlet at the Westerly Corner of Wilson Lane and Vinton Road Intersection, Removal of Existing Driveway/Installation of Topsoil, Seed and Mulch and Full Height Curb, Removal of Existing Vinton Road facing Garage Doors, Installation of Garage Doors Facing Wilson Lane with Driveway and Drop Curb, Removal of (5) Five Existing Trees within Wilson Lane Right of Way Garage in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. Suzanne and Michael Fee were sworn in and the following exhibits were marked B – 1 Letter of Denial from the Borough Deputy Zoning Officer, Daniel Buckelew, dated 3-22-18 A – 1 Grading Plan prepared by Casey and Keller, dated 3-2018 A – 2 Architectural Plans, prepared by Thomas Baio, Architect, dated 3-23-18 The house was purchased in 2016 and need additional space for their two children. The rear yard is small and the applicant would like to construct a patio. Ms. Fee continued by reviewing the Architectural Plans. The house is located in a R-2 Zone and the Letter of Denial stated R-2. Ms. Fee continued by describing what they plan to do in the rear of the house. She then reviewed the driveway, the removal of the existing driveway and installation of of topsoil, seed and full curb height. The entire property will be re-sodded where applicable. The Board requested a Stormwater Management Plan including a drywell. The Borough Engineer should be contacted and his suggestions be part of the applicant’s plan based upon his review of the plan. A wood deck was removed on the side of the home, where the applicant will install gravel. The existing garage door will be closed and installed on the other side. Mr. Santoro does not believe that a side facing garage can be achieved. A discussion took place with regards to the parking and garage area. Mr. Santoro suggested that the applicant return at the special meeting scheduled for June 28, 2018 with a solution for the garage area. CASE NO. Z 18-012 Phillip Gibbs Block: 4310, Lot: 9 5 Rachael Avenue Applicant is seeking permission to remove Existing Rear Enclosed Porch and Concrete Area and Construct a Rear Sunroom and Deck in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Rear Yard Setback, Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Mr. Santoro had to step down for this application and Diane Driscoll took the seat of the Chairperson. Phillip Gibbs, applicant and Brian Adams, Operations Mgr. for NJSI were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew, dated 3-15-18 A – 1 Photo of the rear of the home A – 2 Set of Plans – entitled Plan of Survey, Existing prepared by NJSI, 1-19-16 ZBA Regular Meeting 6-14-18 Page 4 A – 3 Same Plan as above showing changes A – 4 Architectural Plans prepared by Ciranga Architects Mr. Gibbs began by stating the existing sunroom was constructed on grass and water rises when it rains. The applicant proposed to remove it and replace it with a new sunroom, repair the present roof. The new sunroom will be reduced by158 sf and placed on a level pad. The deck will be placed where the concrete existed and there is one step to the deck. The new roof will be pitched away from the structure and the water will be run through the existing drains. There will be less roof area than what exists. The pad which will house the sunroom will be raised to the level of the house. Brian Adams, Operations Manager NJSI who will construct the new room explained the present water problem. A foundation is planned to channel the water away to the rear of the house. There being no further testimony from the applicant and questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application as presented. A motion to approve the application was made by Mr. Fitzsimmons and seconded by Ms. Kaar. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko and Mr. Fitzsimmons. Mr. Santoro joined the Board and Mrs. Driscoll stepped down from the Board and excused herself from the following application. CASE NO. Z 18-014 William & Victoria Heskett Block: 4805, Lot: 4 66 Union Hill Road Applicant is seeking permission to construct a 2nd Story Addition in an R-2 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage. William and Victoria Heskett were sworn in and the following exhibits were marked: B – 1 Letter of Denial from the Borough of Madison Deputy Zoning Officer, Daniel Buckelew, dated 4-20-18 A – 1 Plans prepared by East/West Architecture dated 4-6-18 A – 2 Architectural Survey dated 7-19-04, rev. 8-4-04 when the house was purchased Mrs. Heskett began by explaining the house was non-conforming when they purchased it. The existing coverage will not be changed with the addition however, the applicant would like the Impervious Coverage be changed. They will be expanding the kitchen and mudroom by removing the guest room, so the footprint will not be changed. A side entry garage exists and the driveway is located awkwardly. The applicant wants to install a large seepage pit to direct all the leaders to drain, several French drains were added along the rear line and half of the west side of the property. It consisted of a stone bed and drains into the sewer. The drains system is shaped like an “L”. The applicant plans to direct the water away from the backyards of the adjacent homes. Mr. Hall suggested that the applicant discuss the drainage system with the Borough Engineer. There being no further testimony from the applicant and questions from the Board or the public, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that the applicant confer with the Borough Engineer to discuss stormwater management. A motion to approve the application was made by Mrs. DeRosa and seconded by Mrs. Elias. A roll call vote was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Fitzsimmons and Mr. Santoro CASE NO. Z 18-015 ZBA Regular Meeting 6-14-18 Page 5 Marilyn Tepper Block: 307, Lot: 10 29 Crestwood Drive Applicant is seeking permission to construct a 2 Story Addition, 2nd Story Addition, Deck, A.C. Unit(s), Removal of Large Portion of Existing Driveway, Minor Widening of Remaining Portion of Existing Driveway, Existing Drop Curb to be Widened by the Borough of Madison as part of the 2018 Road Improvement Program in an R- 3(Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Minimum Side Yard Setback (Left), Minimum Rear Yard Setback, Maximum Principal Building Coverage, and Maximum Impervious Lot Coverage. This application will be carried to the Special Meeting scheduled for June 28, 2018. CASE NO. Z 18-016 Parisi Builders & Developers Block: 3404, Lot: 39 375 Woodland Road Applicant is seeking permission to construct a 2 ½ Story Single Family Dwelling in an R-3(Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback (Linden Drive). At the request of the Applicant’s Attorney, this application will be placed on the July 12, 2018 Zoning Board of Adjustment Agenda without further notice. CASE NO. Z 18-017 Carl & Elizabeth Osborne Block: 506, Lot: 17 11 Myrtle Avenue Applicants are seeking permission to construct a 2 ½ Story Rear Addition with Side Covered Porch, Cantilevered Fire Place and Deck, Dormer and Right Side Bay Window Additions to Existing 2 ½ Story Principal Dwelling, Detached Two Car Garage, Expansion of Existing Driveway, Rear Walkway, Drywell, Two Side Yard A.C. Units, and Removal of a Portion of the Existing Fence in an R-3 (Single-Family Residential) Zone requiring relief from Maximum Impervious Lot Coverage and Accessory Structure Maximum Height. This application will be carried to the next Regular Meeting scheduled for July 12, 2018. CASE NO. Z 18-018 Sy-Ed & Hillary Rahman Block: 1803, Lot: 8 27 Greenwood Avenue Applicants are seeking permission to construct 2 ½ Story Addition with Side Covered Porch, 2 ½ Car Garage, 2nd Story Dwelling Unit, A.C. Unit, Generator and Drywell, Relocation of Existing A.C. Unit, Expansion of Existing Driveway and 2-Family Use (Existing Use 1 Family) in an R-4 (Single- Family or Two Family Residential) Zone requiring relief from Required Lot Width, Minimum Side Yard Setback (Left), A.C. Units (2) Generator (1) in Side Yard. This application will be carried to the Special Meeting scheduled for June 28, 2018. CASE NO. Z 18-013 5 Burnet Ave, LLC Block: 601, Lot: 4 5 Burnet Road Applicant is seeking permission to construct a 2 Story Addition, 2nd Story Addition, Roof over Existing Front Stoop, the Removal of Existing “Fireplace” Patio Area and Pavement Area in an R-3 (Single-Family Residential) Zone requiring relief from Minimum Front Yard Setback, Minimum Side Yard Setback (Right), Maximum Principal Building Coverage and Maximum Impervious Lot Coverage. Due to insufficient notice this application will be carried to the July 12, 2018 Zoning Board of Adjustment meeting. 10. OTHER BUSINESS – ZBA Regular Meeting 6-14-18 Page 6   Finalization of Annual Report - Gary Hall discussed the finalization of the Annual Report. The Planning Board had input and several items were discussed. The Report contained 8 Items and Mr. Hall reviewed each individually with the Board. When voted upon the Board Secretary will disseminate copies to both the Borough Council and Planning Board. A vote was requested and recorded as follows to adopt the Annual Report as presented. A motion to approve the Annual Report was made by Mrs. Driscoll and seconded by Dr. Paetzell. A roll call was requested and recorded as follows: AYES: Mrs. DeRosa, Mrs. Driscoll, Mrs. Elias, Ms. Kaar, Dr. Paetzell, Ms. Salko, Mr. Santoro and Mr. Fitzsimmons 11. ADJOURNMENT – The meeting was adjourned at 10:21 pm. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Meeting 6-14-18 Page 7