Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING MAY 21, 2013 A regular meeting of the Planning Board of the Borough of Madison was held on the 21st day of May 2013 at 7:30 P.M., in Council Chambers, 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 15, 2013, the Board by Resolution adopted a schedule of meetings. On January 16, 2013, 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: Judy Mullins, Mayor Robert Conley, Michael Kopas, John Forte, Astri Baillie, Tom Johnson, Steve Tombalakian and Jeff Gertler Absent: None Excused: Peter Flemming, Also Present: Vince Loughlin, 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 7, 2013 regular meeting were distributed to all Board members for their review prior to this meeting. Motion to approve the minutes as submitted was made by Mrs. Mullins, seconded by Ms. Baillie. A voice vote of “aye” was heard by all eligible voting members and recorded. Mr. Forte abstained from the voice vote. Comments by the Public: Mr. Tombalakian opened the floor to the public for anyone that wished to be heard on any matter not on this evening’s agenda. Seeing no one he closed that portion of the meeting. Planning Board May 21, 2013 RESOLUTIONS FOR MEMORIALIZATION – There were no resolutions for memorialization this evening. NEW BUSINESS – NJ 124 Corridor Transit Access Improvement Study A presentation was presented to the Board by Ms. Lisa DiTaranti, Northeast Director of Transit and Rail. A study was conducted among six corridor stakeholders who include Madison, Chatham Township, Chatham Borough, Florham Park, Harding and Morris Township. The overview and purpose of this study was to find an effective and acceptable course of action for accessibility for our train stations. Key points touched upon during the presentation included: • Parking Recommendations • Roadway Access/Mobility • Bike & Pedestrian Recommendations • Summary of Needs: Land Use • Land Use Recommendations • Implementation and Funding Ms. DiTaranti emphasized the fact that all corridor stakeholders should work together to find a successful and satisfactory course of action. The final report from this study will be available in the next few weeks. Mr. Tombalakian thanked Ms. DiTaranti for the presentation she offered to the Board this evening. CASE NO. P 13-004 Preliminary & Final Site Plan with Variances Happy Puppy, LLC Block: 2601 Lot: 8 22 Prospect Street Mr. Sam DeAngelis, Esq. attorney for the applicant began by giving a brief summary of the application. This application involves preliminary and final site plan approval with variances for a dog daycare and boarding facility to occupy the former St. Hubert’s building at 22 Prospect Place. K9 Resorts is a franchised operation and will have two owners; Mr. Ivan Kaplan and Ms. Theresa DeSuza. The site is located in the CC zone where retail services are a permitted use. Planning Board May 21, 2013 Mr. DeAngelis stated that he will present three witnesses this evening, Mr. Steven Parker, Franchise Owner, Mr. Andrew Clarke, Engineer and Mr. Douglas Paulnick, Traffic Engineer. Mr. Steve Parker, 43 South Avenue, Fanwood, New Jersey was sworn in. Mr. Parker is the owner of K9 Resorts Day Care & Luxury Hotel an award winning pet care facility located in Fanwood, New Jersey. The proposed K9 resort at 22 Prospect Street will be a state of the art pet care facility. The topic of noise and odor were addressed by Mr. Parker. On the topic of noise, Mr. Parker stated that dogs will usually bark if stressed or stimulated. The dogs are stimulated and exercised through out the day causing them to be tired at the end of the evening, so there is no excessive barking. A specific floor cleaner, disinfectant having the distinct scent of cherry Italian ice will be used in the facility. The proposed outdoor area designed for play will be covered in canine grass. This grass is more sanitary and safer for the dogs; it does not require much maintenance. It is made of organic material and environmentally friendly. The life span of the canine grass is approximately 8 to 10 years. Mr. Parker will provide the information data sheet on the canine grass. Mr. Parker stated that the grass area will be hosed down on a daily basis. Mr. Tombalakian asked the Board members if they had any further questions for Mr. Parker, seeing none he closed that portion of the hearing. He then opened the floor to the public for questions. Seeing none he closed that portion of the hearing. Mr. Andrew Clarke, 37 Girard Avenue, Chatham, New Jersey was sworn in. Since Mr. Clarke has appeared before the Board on numerous occasions he was accepted as an expert witness. Exhibit A-1 –Boundary & Topographic Survey - Sheet 2 of 12 of the Site Plan Exhibit A-2 – Site Plan - Page 3 of 12 Mr. Clarke began his testimony by stating that most modifications on the site were interior changes, as well as some minor cosmetic alterations to the building. The parking lot in the rear will be eliminated and canine grass and fencing will be provided to create an outdoor play area for both large and small dogs. The parking spaces in the front of the building on Prospect Street will be eliminated. The applicant will replace those features with landscaping, sidewalk and full face curbing to continue pedestrian flow along the street. There will be a significant reduction in impervious coverage with the removal of the parking area in the rear and front of the site. No new storm water management is proposed however; all existing storm water collection features will be cleaned and functioning properly. The May 6, 2013 memorandum from Frank Russo was discussed. Mr. Clarke stated that all issues were technical in nature and the applicant has agreed to comply with all Planning Board May 21, 2013 comments. The two existing sheds depicted on the site plan will remain and used as outdoor storage space to accommodate hoses, cleaner, etc. The existing chain link fence is on the boundary line. Runoff was discussed; Mr. Clarke stated 4” of crushed stone will be placed underneath the canine grass and runoff should not be an issue. A lateral drain beneath the surface will also be added to supplement the existing inlet. A test pit will be done. Mr. Clarke was not involved in the signage and Mr. De Angelis stated that he will have the applicant testify to the signage plan. Mr. Gertler inquired about the size of development for the dogs play area. Mr. Clarke acknowledged the steep slope in that vicinity. Mr. Tombalakian asked the Board if they had any further questions for Mr. Clarke, seeing none he closed that portion of the hearing. He then opened the floor to the public for questions. Seeing none he closed that portion of the hearing. Mr. Eric Nelson, 97 Broadway, Boston, Massachutes was sworn in. Mr. Nelson gave his credentials to the Board and was accepted as an expert witness. Exhibit A-3: Façade changes Exhibit A-4: Interior Floor Plan A color rendering of the façade which was prepared by Mr. Nelson’s architectural firm was discussed. Mr. Nelson stated that the exterior façade will be cleaned up, and general improvements will be made. A sample of the brick and stucco colors that will be used on the facade were passed amongst the Board members and professionals. A decorative brick pediment is proposed to be added in the rear. Mr. Nelson proceeded to discuss the interior of the site plan in detail. The indoor play area will have a rubber floor, which makes cleaning easier. There are two janitor’s closets, one in the back and one in the front behind the reception area. Cages that are used at the facility range in size from 24 to 36 inches in width. Usually puppies under a year old and toy breeds will use the cages. The majority of boarding will be cage free. The facility will have the capacity to house 80-90 dogs if full. The average capacity at the Fanwood location is 69% however; weekends in the summer have shown an average of 90%. Mr. Parker stated that the Fanwood location is also next to a train station and there have been no issues with excessive noise. Mr. Tombalakian asked the Board if they had any further questions for Mr. Nelson, seeing none he closed that portion of the hearing. He then opened the floor to the public for questions. Seeing none he closed that portion of the hearing. Mr. Douglas Polyniak, 792 Chimney Rock Road, Martinsville, NJ 08836 was sworn in. Mr. Polyniak gave his credentials to the Board and was accepted as an expert witness. A parking study was done for the Fanwood site facility by Dolan & Dean Consulting Engineers and a report addressing the traffic and parking characteristics for the K9 resort proposed in Madison was issued to Mr. Ivan Kaplan on April 15, 2013. The Fanwood facility trip count information was discussed. It was determined that an average trip takes approximately three minutes. The Fanwood site is comparable to the site proposed in Madison. The Fanwood site is 4,000 sq. ft. while the Madison facility is 7,000 sq. ft. Planning Board May 21, 2013 There are six parking spaces at the Fanwood facility which is adequate for their operational needs. It is anticipated that a maximum of six to seven employees will be used to staff the facility. There will not be any overnight employees. Hours of operation are 7:00a.m. to 7:30p.m. weekdays and 9:00am to 1:00pm on weekends and most major holidays. Overall the compiled data indicates that substantial on-site parking will be available for customers and employees at the Madison site. Mr. Tombalakian asked the Board if they had any further questions for Mr. Polyniak, seeing none he closed that portion of the hearing. He then opened the floor to the public for questions. Seeing none he closed that portion of the hearing. Mr. De Angelis called Mr. Ivan Kaplan, 17 Village Park Court, Scotch Plains, NJ. as his next witness to address the signage. Mr. Kaplan was sworn in. Mr. Kaplan is one of the owners of the K9 Resort proposed for 22 Prospect Street. Mr. Kaplan met with the Sign and Façade Committee members twice to discuss the signage for the site. The suggestions of the committee were incorporated into the final signage plan. The following exhibits were marked into evidence and discussed Exhibit A-5: Signage plan Exhibit A-6: Store Front signage Exhibit A-7: Side Elevation signage A single faced internally illuminated sign is proposed for the store front, this sign will be kept on overnight. There will be two plaques placed on either side of the front door stating the hours of operation and the accolades received by the resort, these plaques will not be lit. The canopy above the door will have a light under the canopy to illuminate the doorway. The hours of illumination will be seasonal and kept on a timer. Lighting data will be provided as part of the conditions in the resolution. After some discussion it was decided that the side elevation signage will be eliminated from the decorative pediment in the rear and it could be revisited at a later date if the applicant wishes. Mr. Tombalakian asked the Board if they had any further questions for Mr. Kaplan, seeing none he closed that portion of the hearing. He then opened the floor to the public for questions. Seeing none he closed that portion of the hearing. Mr. Eric Donner, 6 Inverness Drive, Old Bridge, NJ was sworn in. Mr. Donner is the fencing contractor. The proposed solid 7’ white plastic fence was discussed. It was suggested that a different color of fencing be used, and so as not to trigger an additional variance the fence will be 6’. The color modification suggested for the fence was tan. Planning Board May 21, 2013 Exhibit A-8: Landscape plan All species as depicted on the landscape plan were acceptable to the Board. It was determined that outdoor irrigation will be done by hand with a hose connection by the staff. Snow removal will be contracted out, while the canine grass will be shoveled by hand. The trash receptacle is shown on the site plan and the enclosure will be fenced in. Mr. Tombalakian asked the Board and its professionals if they had any further questions, seeing none he closed that portion of the hearing. He then opened the floor to questions from the public, seeing none he closed that portion of the hearing. The floor was then opened to the public for comments on the application, seeing none Mr. Tombalakian closed that portion of the hearing. Mr. DeAngelis having no further witnesses gave his closing summary. Mr. Nino Coviello, Esq. and the property owner, Mr. Sam Mantone had discussed with Mr. DeAngelis that at the end of the lease the owner wants the property returned to the original condition as indicated on the original survey, which includes restoring the original 15 parking spaces in the rear of the building as depicted on the boundary and topographic survey as prepared by Andrew Clarke, dated March 18, 2013. Deliberation by the Board began; motion to approve this application with the conditions as stated during testimony was made by Mrs. Mullins, seconded by Mayor Conley. A roll call was requested and recorded as follows: “Ayes” - Mrs. Baillie, Mr. Gertler, Mayor Conley, Mrs. Mullins, Mr. Kopas, Mr. Tombalakian, Mr. Forte and Mr. Johnson “Nays” – None “Absent”: Mr. Flemming OLD BUSINESS - There was no old business before the Board this evening. PLANNING DISCUSION – Mr. Tombalakian announced that the June 4, 2013 Planning Board meeting is cancelled. Since there was no further business to come before the Board, Mr. Forte made a motion to adjourn the regular meeting at 10:25 P.M.; seconded by Mr. Kopas. A voice vote of “aye” was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary