Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING JUNE 5, 2012 A regular meeting of the Planning Board of the Borough of Madison was held on the 5th day of June 2012 at 7:30 P.M., in Room #140, Hartley Dodge Memorial, 50 Kings Road, Madison, NJ. The meeting was called to order by Planning Board Chairman, Steve Tombalakian Mr. Tombalakian requested the reading of the Public Meeting Notice. Ms. Boardman read the following statement in accordance with the Open Public Meetings Act. “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 3, 2012, the Board by Resolution adopted a schedule of meetings. On January 4, 2012, a copy of the schedule of meetings was posted at the bulletin board at the entrance to the Hartley Dodge Memorial, 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”. The following roll call was recorded: Present: Peter Flemming, Sr., Dr. Vincent Esposito, Mayor Conley, John Forte, Astri Baillie, Tom Johnson, Steve Tombalakian, Michael Kopas and Jeff Gertler who arrived at 7:41 pm Absent: None Excused: None Also Present: Vince Loughlin, Esq., Planning Board Attorney Susan Blickstein, Board Planner Frank Russo, Board Engineer Frances Boardman, Board Secretary Approval of Minutes: Copies of the minutes of the May 15, 2012 regular meeting were distributed to all Board members for their review prior to this meeting. Motion to approve the minutes was made by Mr. Flemming, seconded by Mr. Johnson. A voice vote of “Aye” was heard by all eligible Board Members with Mr. Forte, Mayor Conley and Ms. Baillie abstaining. Comments by the Public: Mr. Tombalakian opened the floor to the public for anyone who wished to be heard on any matter not on this evening’s agenda. Seeing no one wishing to be heard, Mr. Tombalakian closed this portion of the hearing. Resolutions For Memorialization – There were no resolutions to be memorialized. Planning Board June 5, 2012 NEW BUSINESS – CASE NO. P 12-001 Amended Site Plan with Variance 1999 Madison Associates, LLC Block: 5101, Lot: 32 311 Main Street Mr. Lawrence Cohen, Attorney for the applicant outlined the application for the Planning Board. The applicant is proposing to re-configure the interior space so that 4,000 sq. ft will be allocated to his medical office (eye doctor) and the remaining 1,000 sq. ft. will be reserved for future commercial use. There will be no physical changes to the exterior of the building. The applicant however, is seeking a parking variance for 6 parking spaces, as well as a variance for the proposed signage and the imperious lot coverage where 70% exists and 71% is proposed. Mr. Cohen will present three witnesses this evening, Dr. Naftali, Charles Olivo, Engineer and George Ritter, Planner. The following exhibits were marked: Exhibit A-1: Amended Site Plan Sheet A-1 Exhibit A-2: Amended Site Plan Sheet A-2 Exhibit A-3: Resolution of Planning Board Case P-06-08 Exhibit A-4: Photo of Borough of Madison record regarding Starbucks seating requirements for parking. Mr. Charles Olivo, Stonefield Engineering, 36 Ames Avenue, Rutherford, New Jersey 07070 was sworn in. His credentials were given to the Board and he was accepted as an expert witness. Mr. Olivo stated to the Board that the premise has a left turn restriction; there are 50 stripped parking spaces on site. A 2007 Resolution from the Planning Board dealt with site circulation which has already been accomplished. The dumpsters on site are currently “not in accordance” with the previous site plan approval, but the owner will move the dumpsters to the proper location. Both dumpsters are to fit in the enclosure and refuse will be picked up during off hours only. The fence on the property is in disrepair and will be replaced; trench gates will also be repaired. All ADA stalls will be brought up to code. Dr. Naftali is leasing space from the applicant and would like to create a parking management plan allocating 6 stalls for his practice including one handicapped space. Ms. Baillie asked how these spots could be designated for the use of Dr. Nafatli. Mr. Olivo stated that enforcement is difficult however; the Doctor’s office hours usually do not start until 8:00 – 9:00 am which should not interfere with the morning coffee rush. Planning Board June 5, 2012 These designated spaces will be a convenience for Dr. Naftali’s patients during his office hours. Mr. Olivo stated that Starbucks now has a seating capacity of 37 seats; they should only have seating for 26 which was approved in the 2007 Resolution. The building owner will inform Starbucks of this information and have them return to 26 seats maximum. There will be no medical waste picked up outside of the building. Mr. Tombalakian asked the board if they had any further questions of Mr. Olivo, seeing none he opened the floor to the public for questions. Seeing none he closed that portion of the hearing. Dr. Paul Naftali, 48 Main Street, Madison was sworn in as a witness. Dr. Naftali stated by telling the Board that he has practiced in Madison for the last 17 years and has currently outgrown his current space. Dr. James LaCote is an Associate of Dr. Naftali’s and works part-time. Currently there are a total of 7 employees with varied hours each day plus two doctors. Some employees are full time while others work part time. His current hours of operation were discussed as well as the hours that he is proposing for his new space. On average 20 patients are seen over a nine hour day. By expanding his practice to this site he will be able to provide additional bathrooms for his staff and patients, a staff lounge, 4 exam rooms, an optical dispensary, a lab and a much needed private office. Dr. Naftali is hoping to continue to grow and does not have any plans at the present time to expand his practice. The Dr. stated that he believes that he will have adequate parking for himself and his office staff as well as his patients at this location. Ms. Baillie asked if there was any off site parking site looked into for Dr. Naftali and his staff. Dr. Naftali replied that no off street spaces were available. It was discussed that no restaurant use would be allowed in the 1,000 sq. ft. retail space still available. Mr. Tombalakian asked if there were any further questions from the Board of Dr. Naftali, seeing none he closed that portion of the hearing. He then opened the floor to question of Dr. Naftali’s testimony, seeing none that portion of the hearing was closed. Mr. Cohen asked Dr. Naftali if he would agree to the staff and doctors parking in the rear of the lot. Dr. Naftali stated that he had no problem with having the staff or himself park in the rear of the lot. Mr. Cohen called his last witness Mr. George Ritter, Professional Planner in Philadelphia, Pennsylvania. Mr. Ritter was sworn in, gave his qualifications and accepted as an expert witness. Mr. Ritter reviewed with the Board the existing uses on the site and the parking requirements. He also went over the requirements for the proposed medical use and 1,000 square foot future retail space. His testimony acknowledged and confirmed the fact that Starbucks had increased their seating from 26 permitted seats as stated in the 2007 Resolution to 37 seats. The owner of the parcel will be speaking with Starbucks and getting them to comply with the 26 permitted seats. Mr. Ritter stated that his parking analysis of the existing uses and the proposed doctors office on site would indeed have Planning Board June 5, 2012 adequate parking spaces available with 50 on site parking spaces. There is no direct hardship and the use of the building being a medical facility is generating the parking need. Having this space occupied by Dr. Naftali and Madison Eyes would not cause a substantial detriment to the zone plan or neighborhood. Mr. Ritter than turned his attention to the signage planned for this site. Mr. Ritter reviewed the section and the language of the Ordinance stating that “Building signs are permitted only on facades that face streets, a public parking area, or a public right-of- way”. Mr. Ritter asked the Board to consider allowing signage to face the interior parking area which was consistent with the prior Blockbuster usage. There are no signs proposed for the rear of the building. The following exhibit was marked: Exhibit A-5: Signage proposal for Madison Eyes Mr. Ritter showed the Board the proposed westerly and northerly elevations and the proposed 40 sq. ft. Madison Eyes sign as well as the proposed 20 sq. ft. sign for the future tenant. Madison Eyes will also be mounted on a proposed double faced monument sign. A Sign & Façade meeting was held on May 9, 2012 and the agreed upon sign changes were discussed. All details of the signage plan will be provided as part of the resolution conditions. The increase in impervious coverage was discussed. Mr. Ritter stated that the retaining wall was never calculated into the bulk requirements table and that 537 square feet of river stone was used for the wall, thus bring the total from 70% to 71%. Mr. Tombalakian asked the Board if they had any further questions of Mr. Ritter. Mr. Flemming asked legal council if there are any legal ramifications if 6 spots are designated to the Doctor. It was answered that it is a private parking lot and there is no formal enforcement of such. Ms. Blickstein asked if the benefits were significant enough for these designated spots. Mr. Ritter answered that it would have a traffic calming benefit. There were no further questions of the Board and Mr. Tombalakian opened the floor to the public for questions of Mr. Ritter. Seeing none he closed that portion of the hearing. Mr. Tombalakian then opened the public portion of the hearing. Ms. Linda Herlihy, Esq. stated that she represented HS Investors, LLC owner of 316 Main Street, directly across the street from the site in question. Mr. Alan Meades, objector, stated that he is a member of HS Investors and had received a 200 ft list notice. He had obtained through an OPRA request a copy of the application and site plan. He stated that the site is a busy, congested shopping center even without the Blockbuster and that this application with its request for a parking variance will only exasperate this problem. He stated that he feels that the circulation on site is extremely poor and hazardous. Mr. Meades stated that the applicant has not proven their case. Planning Board June 5, 2012 Mr. Cohen responded to Mr. Meades pointing out that the Blockbuster had a more intense use on the subject property and created a far greater parking requirement then what is needed for Dr. Naftali’s medical office usage. Mr. Johnson asked Mr. Cohen if he would consider the resolution to run with the land. Mr. Cohen stipulated that as a part of the resolution conditions that if Dr. Naftali is to leave the site then the new tenant will need to return to the Board for further consideration and or modification to the resolution. The Board began their deliberation and discussed several conditions that they would like to see in the resolution. Mr. Tombalakian asked if the Board or its Professionals had any further comments, seeing none he asked for a motion to approve the application before the Board this evening. A motion was made Ms. Baillie, seconded by Mr. Flemming; the following roll call was recorded: “Ayes” – Mr. Gertler, Mr. Johnson, Mr. Forte, Dr. Esposito, Mayor Conley, Mr. Flemming, Mr. Kopas, Ms. Baillie and Mr. Tombalakian “Nays” – None OLD BUSINESS – There was no old business before the Board this evening. PLANNING DISCUSSION – • LED Lighting – Gas Stations • 2011 Zoning Board of Adjustment Annual Report These items of discussion will be carried to the Planning Board meeting of July 17, 2012 CORRESPONDENCE – None at this time Since there was no further business to come before the Board, Mr. Tombalakian asked for a motion to adjourn the regular meeting, motion made by Mr. Johnson at 10:00 P.M.; seconded by Mr. Flemming. A voice vote of “aye” was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary