Township of Millburn Minutes of the Zoning Board of Adjustment August 17, 2015

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1 Township of Millburn Minutes of the Zoning Board of Adjustment August 17, 2015 A regular meeting of the Township of Millburn Zoning Board of Adjustment was held on Monday, August 17, 2015 at 7:00 PM in Millburn Town Hall. Chairman Joseph Steinberg opened the meeting by reading Section 5 of The Open Public Meetings Act. A roll-call indicated the following members were present: Also present: MEMORIALIZATIONS Matthew Brett Jessica Glatt Mary McNett Craig Ploetner Vanessa Scaglione Joseph Steinberg, Chairman Gail Fraser, Board Attorney Eric Fishman, Court Reporter Eileen Davitt, Zoning Officer/Board Secretary Cal#3400, Michael Axelrod, 10 Brooklawn Drive, Short Hills A motion to approve the resolution memorializing the granting of variance relief to Michael Axelrod to construct an addition on the property located at 10 Brooklawn Drive was made by Matthew Brett, seconded by Craig Ploetner, and carried with the following roll-call vote: Cal#3402, Jose Landauro, 10 Rahway Road, Millburn A motion to approve the resolution memorializing the granting of variance relief to Jose Landauro to install an accessory structure on the property located at 10 Rahway Road was made by Matthew Brett, seconded by Vanessa Scaglione, and carried with the following roll-call vote: 1

2 Cal#3404, Marcus DaSilva, 29 Whittingham Terrace, Millburn A motion to approve the resolution memorializing the granting of variance relief to Marcus DaSilva to construct an addition on the property located at 29 Whittingham Terrace was made by Craig Ploetner, seconded by Matthew Brett, and carried with the following roll-call vote: Cal#3406, Lakshmi Khandrika, 9A Orchard Street, Millburn A motion to approve the resolution memorializing the granting of variance relief to Lakshmi Khandrika to maintain an AC unit and denying variance relief for the conversion of a garage space to living space on the property located at 9A Orchard Street was made by Vanessa Scaglione, seconded by Jessica Glatt, and carried with the following roll-call vote: APPLICATIONS CAL#3420, SYDRA MILLER, 60 STEWART ROAD, SHORT HILLS Jonathan Katz, Architect, and Grant Miller appeared and were sworn. The applicant would like to extend a deck on the property. Proposal is in violation of: 505 Accessory structure front setback on a corner lot Jonathan Katz credentials were presented and accepted by the Board. He stated that the current deck on the property violates the required setback from Minisink Road. There is an area of approximately 27 square feet that violates the ordinance requirement of an 80 setback. In addition, the area is heavily landscaped. 2

3 Entered as A-1: 4 photos of subject property Jonathan Katz stated that the subject property is heavily wooded. This deck extension will not be visible from the road. Overall, Board members felt the area in violation was minimal. Upon a motion made by Mary McNett, seconded by Matthew Brett, and with a roll-call Cal#3420, Sydra Miller, 60 Stewart Road, was APPROVED. CAL#3415, DELPHINE & STEPHANIE MAILLARD, 155 MYRTLE AVENUE, MILLBURN Gary Szelc, PE, PP, appeared and was sworn. He indicated that he has been given a limited power of attorney by the applicants, Delphine & Stephanie Maillard. Board Attorney, Gail Fraser, indicated that the power of attorney submitted was acceptable. Gary Szelc s credentials were presented and accepted by the Board. Entered as A-1: aerial view of subject area Entered as A-2: aerial view of subject area The property is located in the R-6 zone and has a lot area of 8,000 square feet. The applicants would like to expand their current driveway and build retaining walls on either side. Proposal is in violation of: 607.3e Front yard parking area Maximum height of a retaining wall in front yard The current driveway is about 8 wide and is bound on both sides by a retaining wall. The current configuration of the driveway renders it impossible for both a driver and passenger to exit the car. The walls are necessary in order to retain the ground on either side of the driveway and are in a deteriorating condition. The driveway is proposed to be 12 in width in order to allow for safe and easy entrance and exit from cars parked in the driveway. The current walls range in height from 2 to approximately 5. 3

4 Board members felt the variance relief being requested could be granted without substantial detriment to the surrounding area. Upon a motion made by Vanessa Scaglione, seconded by Matthew Brett, and with a rollcall Cal#3415, Delphine & Stephanie Maillard, 155 Myrtle Avenue, was APPROVED with the condition that the walls constructed shall not exceed the height of the currently existing walls. CAL#3416, ANDREW & DIANE SALERNO, 365 WYOMING AVENUE, MILLBURN Denise & Andrew Salerno and James Peter Kokkalis, Architect, appeared and were sworn. Board Attorney, Gail Fraser, alerted the applicants to the fact that their proposal has a d variance request, requiring 5 affirmative votes. There are only 6 members voting tonight. She indicated that the applicants have the opportunity to go forward with testimony and ask for a vote or ask for a deferred vote in order for absent members to listen to the tape of the meeting. The applicants opted to go forward with the application. The applicants would like to construct an addition and patio. Proposal is in violation of: 606.2e3a Accessory structure side yard setback 606.2e1e1a Side yard setback 606.2e2d FAR 607.3e Front yard parking area James Peter Kokkalis credentials were presented and accepted by the Board. He gave a brief description of the proposal. He stated that the proposal is to construct a 1-story addition in the rear of the dwelling in order to accommodate an expanded kitchen with half bath and a new family room. In addition, the applicants would like to widen the existing driveway in order to park an additional car. A patio is also proposed to be built off the new addition. Mr. Kokkalis indicated that the proposed addition will not be visible from the street. Entered as A-2: enlarged site plan showing area 4

5 It was determined that the applicants did not notice for exceeding the retaining wall height in the front yard. They chose to move forward with the application dealing with the addition and indicated that they will make a new application and re-notice for a future date in order to address the front yard parking area and retaining wall height. James Peter Kokkalis indicated that the applicants agreed to move the patio over to meet the 12 side yard setback. Mr. Kokkalis spoke to the variance requirement for the side yard setback. The ordinance requires a side yard setback of 12. The existing dwelling is set back and the proposal is to encroach 3 further into the side yard setback. In addition, a variance for floor area ratio is required in order to permit floor area ratio of 31.4% where 30% is permitted. Peter Leepson, 364 Wyoming Avenue, appeared and was sworn. He stated that he does not oppose what the applicant is proposing. He indicated that he would request that a drainage plan be submitted as part of this proposal. Chairman Joseph Steinberg indicated that drainage calculations will be provided to the Engineering Department when the applicant submits for building permits. Judith Custer, 361 Wyoming Avenue, appeared and was sworn. She stated that the rear yard is in very poor condition and there is a sink hole. She would like to see the property restored to a better condition. Charles Gosling, 78 Maple Street, appeared and was sworn. He stated that he lives directly behind the subject property. He indicated that he has no objection to the proposed plan. Mary McNett stated that the property is under the required lot width. She feels the encroachment into the side yard is minimal and the work proposed will be an aesthetic improvement. Vanessa Scaglione stated that there is sufficient rear yard area that could be utilized in order to accommodate a half-bath in order to avoid encroaching into the rear yard setback. Joseph Steinberg agreed with Mary McNett in that the deficient lot width of the property causes a hardship for the applicant. He added that he was persuaded by the testimony provided by the architect that this area of the home was the logical place for a half bath. Upon a motion made by Matthew Brett, seconded by Mary McNett, and with a roll-call 5

6 Cal#3416, Andrew & Denise Salerno, 365 Wyoming Avenue, d variance relief for floor area ratio was APPROVED. Upon a motion made by Mary McNett, seconded by Jessica Glatt, and with a roll-call Cal#3416, Andrew & Denise Salerno, 365 Wyoming Avenue, c variance relief was APPROVED. CAL#3418, SETH & JODI BOGDANOFF, 47 SILVER SPRING ROAD, SHORT HILLS Susan Rubright, Attorney for the applicant, announced her appearance. The applicant would like to construct an addition. Proposal is in violation of: 606.2e1e1a Side yard setback 606.2e1e1b Additional side yard setback 606.2e1f Combined side yard setback 606.2e2d FAR The side yard setbacks are pre-existing non-conforming conditions and are not being further encroached upon. Seth & Jodi Bodganoff appeared and were sworn. They stated that the proposal is to renovate the interior of the dwelling and add to the second floor above the attached 1-story garage in order to accommodate a new master bedroom, bath and closet. The addition will stay within the existing building envelope. The proposed addition will blend in with the existing house in design and color. There are other houses in the neighborhood that have had similar additions constructed so the house will not look out of place. Ellen Roche, Architect, appeared and was sworn. Her credentials were presented and accepted by the Board. She gave a brief description of the proposal. Entered as A-1: 5-page handout of subject area 6

7 The proposed dormers will make the existing space on the 2 nd floor more functional. The additions have been designed to be as minimally invasive as possible. Ted Powell, 49 Silver Spring Road, stated that his property is to the left of the subject property. He has no objection to the applicants proposal. Richard Straussman, 43 Silver Spring Road, appeared and was sworn. He stated that his property is to the right of the subject property. He is in favor of the applicants proposal. Susan Rubright gave a brief summary of the applicants proposal. She believes the addition is in keeping with the style and character of the neighborhood and she asked the Board for a favorable vote on the application. Chairman Joseph Steinberg stated that he was persuaded by the testimony presented by the Architect with regard to the extent of the construction proposed and feels he can support the application. Jessica Glatt agreed and feels the lot is undersized with non-conforming side yard setbacks which cause hardship to the applicants. The proposal was well thought-out and will be an aesthetic improvement to the neighborhood. Upon a motion made by Matthew Brett, seconded by Jessica Glatt, and with a roll-call Cal#3418, Seth & Judi Bogdanoff, 47 Silver Spring Road, d variance relief for floor area ratio was APPROVED. Upon a motion made by Mary McNett, seconded by Craig Ploetner, and with a roll-call Cal#3418, Seth & Jodi Bogdanoff, 47 Silver Spring road, c variance relief was APPROVED. 7

8 CAL#3424, JON GORDON, 163 HIGHLAND AVENUE, SHORT HILLS *It is noted that Matthew Brett and Jessica Glatt recused and left the meeting room. Jarrett Kest, Landscape Architect, and Jon Gordon appeared and were sworn. Chairman Joseph Steinberg alerted the applicant to the fact that 2 members recused from the application, leaving only 4 voting members. As a result, the applicant will require 3 affirmative votes for a favorable outcome on the proposal. Jon Gordon stated that he would like to proceed with the application. The applicant would like to install retaining walls in the rear yard area. Proposal is in violation of: Steep slope disturbance Jarrett Kest s credentials were presented and accepted by the Board. He stated that the applicant proposes to replace a failing retaining wall and relocate it to allow for better drainage. The proposed location of the retaining wall will necessitate disturbance of more than 1,000 square feet of slopes in excess of 20%. The applicant seeks to disturb 2,626 square feet of slope area in order to provide for more light and air in the backyard. The property has a large front yard and a small usable backyard. The slope currently pitches and drains toward the residence and will continue to do so. The drainage condition will be improved through the addition of stormwater drainage on the property. Entered as A-1: existing condition dated 8/17/15 Entered as A-2: enlarged/highlighted version of SP1 dated 7/7/15 Entered as A-3: enlarged/highlighted version of SS1 dated 8/17/15 Entered as A-4: proposed trees on site dated 8/17/15 In summary, Jarret Kest stated that this project will result in a much better drainage situation on the subject property. Joan Daeschler, 17 Minnisink Road, stated that she is concerned with the drainage. Jarret Kest stated that the stormwater is being connected to the Highland Avenue system and the drainage plan has been evaluated by the Township Engineering department. Overall, Board members were in favor of the application. Upon a motion made by Mary McNett, seconded by Craig Ploetner, and with a roll-call 8

9 Cal#3424, Jon Gordon, 163 Highland Avenue, was APPROVED. ADJOURNMENT A motion to adjourn was made by Vanessa Scaglione, seconded by Mary McNett, and carried with a unanimous voice vote. (9:05 PM) Motion: MB Second: MM Date Adopted: 11/2/15 Eileen Davitt Board Secretary 9