Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING AUGUST 6, 2013 A regular meeting of the Planning Board of the Borough of Madison was held on the 6th day of August 2013 at 7:30 P.M., in Council Chambers, Hartley Dodge Memorial, 50 Kings Road, Madison, NJ. In the absence of Chairman Mr. Steve Tombalakian, at the start of the meeting, the meeting was called to order by Planning Board Vice Chairman, Tom Johnson. Mr. Johnson 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, Michael Kopas, Jeff Gertler, John Forte, Astri Baillie, Peter Flemming, and Tom Johnson. Steve Tombalakian arrived at 8:00pm Absent: None Excused: Mayor Robert Conley 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 July 16, 2013 regular meeting were distributed to all Board members for their review prior to this meeting. Corrections were noted; a motion to approve the minutes as corrected this evening was made by Ms. Baillie, seconded by Mrs. Mullins. A voice vote of “aye” was heard by all eligible voting members and recorded. Comments by the Public: Mr. Johnson 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. RESOLUTIONS FOR MEMORIALIZATION – CASE NO. P 13-009 Minor Subdivision 92 Greenwood Avenue, LLC Block: 1004, Lot: 38 92 Greenwood Avenue 1 Planning Board August 6, 2013 Resolution granting the Minor Subdivision of 92 Greenwood Avenue, LLC., for the Minor Subdivision on property located at 92 Greenwood Avenue, Madison commonly known on the Borough of Madison Tax Map as Block 1004, Lot 38. The draft resolution was sent to the applicant’s Attorney, Mr. Jason Rubin, Esq. and the Planning Board members and it’s Professionals for review prior to this evening’s meeting. Mr. Loughlin informed the Board that he had spoken with Mr. Rubin, the applicant’s attorney regarding modifications that he and his client would like to see in the resolution. A discussion took place regarding the language for the resolution and the inclusion of wording concerning the protection of trees and the guidance of a professional arborist. Mr. Rubin, applicant’s attorney, spoke to the Board regarding the resolution. Mr. Johnson asked the Board and its Professionals if they had any further comments or questions concerning the resolution. Seeing none Mr. Johnson asked for a motion to approve the resolution as amended this evening. A motion was made by Ms Baillie, seconded by Mr. Kopas; the following roll call was recorded: “Ayes” – Mr. Forte, Ms. Baillie, Mr. Kopas, Mr. Johnson, and Mrs. Mullins. “Nays” – Mr. Flemming “Abstain” – At this time Mr. Johnson provided Mr. Tombalakian with the gavel to preside over the remainder of the meeting as Chairman. NEW BUSINESS – CASE NO. P 13-001 Preliminary and Final Site Plan with Variances 91 Park Avenue, LLC Block: 1106, Lot: 2 91 Park Avenue Mr. Steven Schepis, Esq. applicant’s attorney gave a brief overview of the application. Mr. George Sincox of Sincox Associates Architects, P.O. Box 2696, Westfield, New Jersey 07090 was sworn in. Mr. Sincox gave his qualifications to the Board and he was accepted as an expert witness. The following exhibits were marked: Exhibit A-1: Color rendering dated 8/5/2013 of Sheet T1, last revised 6/25/2013 (previously presented to the Board members in their packet as a black and white rendering). Exhibit A-2: Color Photos of Proposed Plantings Exhibit A-3: Façade Photos 2 Planning Board August 6, 2013 Mr. Sincox walked the Board through the existing conditions on the site. The uses currently are an existing restaurant, an existing warehouse and an existing apartment. The 7,500 square foot building footprint will not change. He discussed the modifications being proposed. Improvements are being made to reorganize the parking area, so that all parking spaces are on site. Three perpendicular parking spaces have been eliminated in the front of the existing restaurant. This space will now be landscaped, which will decrease the impervious coverage on the site by 7%. Other changes will be aesthetic in nature and creating a better streetscape on Park Avenue. Resurfacing of the pavement in the rear and on the sides will be completed. Mr. Sincox stated that runoff in the rear that may occur will be addressed by silt fences in that area during renovations. Runoff will not be any worse in that area than what is there now. Mr. Russo stated that his comments had been misinterpreted stating that while the silt fence is required as part of the Soil Conservation District approval, proper grading of the repaved asphalt driveway should direct runoff away from the adjacent residential property and out towards the street. Mr. Sincox suggested a rolled curb while Mr. Russo stated that some means of keeping the water on the property would be acceptable. Ms. Blickstein inquired about the awning material purposed. Mr. Sincox stated that it is canvas. Signage was discussed. Mr. Sincox stated that the only signage purposed already exists on site. It will depict the new restaurant name. The existing green goose neck lamps and wall mounted fixtures will be staying the same. Lighting was also addressed with no new lighting purposed. Mr. Sincox listed the pre-existing variances which include front yard setback, side yard setback, signage and parking; where 28 spaces are required for the site and only 22 spaces are being provided. Mr. Shepis indicated that there is presently no fence along the northwest side of the property. Mr. Sincox stated that the applicant is proposing a six foot high solid vinyl, board on board privacy fence along that area. This proposed fence would require a variance. Mr. Shepis stated that the applicant was open to suggestions regarding the fence. It was discussed that plantings of narrow trees that get some height would be more beneficial to this area rather than a vinyl fence. A recommendation by the Board Professionals concerning the type of plantings in lieu of the fence will be taken into consideration by the applicant. The access easement from Loveland Street only allows access for the rear parking of the three designated employee parking spaces, shown as spaces 18, 19 and 20. The entrance of the restaurant has been redesigned. Stairs have been added to the warehouse for easier accessibility. A trash enclosure has been located in the rear of the property. A proper rental apartment will be located on the second floor of the restaurant. The apartment will have egress windows as a second means of exit. Mr. Russo asked Mr. Sincox if any consideration had been taken of his previous suggestion regarding the parking layout and the addition of more green space. The applicant felt there were little benefits however; after Mr. Russo pointed out the advantages the owner agreed to plantings in the discussed area. Ms. Blickstein suggested moving the bike rack out to the front of the building closer to Park Avenue. Mr. Gertler inquired about the air conditioning noise and setbacks. Mr. Russo stated that the HVAC units depicted on the site plan did meet the zoning requirements and noise will not be an issue with the new HVAC units. Mr. Tombalakian asked the Board and its professionals if they had any further questions for Mr. Sincox, seeing none he closed that portion of the hearing. Mr. Tombalakian asked the public if they had any questions for Mr. Sincox. 3 Planning Board August 6, 2013 Mrs. Jo. Blair, 12 Plain Street, Madison asked what the seating capacity was in the restaurant. Mr. Sincox stated that the restaurant will have the capacity for 60 seats. Mrs. Blair inquired about the parking. Mr. Sincox explained that 28 spaces are required by Borough Ordinance and 22 spaces are being purposed which requires a variance. Making a statement at this point Mrs. Blair was sworn in. She stated for the record that parking is a nightmare at this restaurant location. Parking overflow can be found along the adjourning streets of Park Avenue. Mr. Forte, Board member, also stated that he has family that lived on Kinney Street for over 50 years and parking is horrendous in this area with a successful restaurant. Mrs. Blair stated there are hundreds of complaints that have been filed with the Madison Police Department regarding parking at this site over the years. Mr. Tombalakian asked if there were any other members of the public with questions for Mr. Sincox, seeing none he closed that portion of the hearing. Mrs. Tina Greco, 202 Copeland Avenue, Lyndhurst, NJ 07071 was sworn in. Mrs. Greco is the proprietor of the proposed Turkish Mediterranean restaurant. Mrs. Greco told the Board about the style of restaurant she is purposing. The business will be run by family members who include her husband and son. The restaurant will not have a liquor license nor will it be a BYOB. A contract with Cali Carting has been signed for the refuse pick up. The purposed hours of operation will be Monday through Thursday from 11:00am to 9:00pm and Friday through Sunday from 11:00am to 9:30pm. This restaurant will offer a Turkish menu for sit down and take out dining pleasure. At this time there will be no delivery service. Mrs. Greco stated that deliveries will be made to the site by a small truck used by their distributor. There will be no off loading from the street. 60 seats is the fullest capacity for the dining room area, and she does not feel that parking will be an issue. There are no plans for outdoor dining at this time. There will be no entertainment at the restaurant. Mr. Tombalakian asked if the Board had any questions for Mrs. Greco, seeing none he closed that portion of the hearing. He opened the floor for questions from the public, seeing none he closed that portion of the hearing. Mr. Shepis called his next witness. Mr. John Desch, 28 Newark Pompton Turnpike, Riverdale, NJ 07457 was sworn in and accepted as an expert witness. Exhibit A-4: Tenant Parking Exhibit Mr. Desch stated to the Board that the applicant is proposing the continued restaurant, warehouse and apartment use however; due to site modifications the number of parking spaces has been reduced. The deficit number of spaces is six. Mr. Desch stated for the record that there is the availability of 11 spaces of off street parking within 400 feet of the restaurant. One space is required for the warehouse which will be housed in the garage. Two assigned spaces are stacked for the apartment on the northerly side of the building. The County has deferred to the Borough regarding the acceptance of these parking spaces. Three spaces are stacked in the rear of the building for employee parking, which leaves 19 spaces for restaurant use. Mrs. Mullins suggested removing 3 tables from dining room #1 which will remove 12 seats in this dining room and reduce the total number of seats to 48 for the restaurant. Mr. Shepis conferred with the restaurant owner and stated that they would go with reducing the number of seats in the restaurant to 50. Mr. Desch stated that in his professional opinion that the proposed 4 Planning Board August 6, 2013 number of parking spaces is adequate and sufficient for the use and that the site configuration will allow for adequate on-site circulation. Mr. Russo inquired if any accident history reports had been obtained. Mr. Desch stated that no reports had been retrieved from the police department. Mr. Tombalakian asked if the Board had any questions for Mr. Desch, seeing none he closed that portion of the hearing. He opened the floor for questions from the public, seeing none he closed that portion of the hearing. Mr. Tombalakian then opened the floor to the public for comments. Mrs. Chris Fillimon, 100 Park Avenue, Madison stated her concerns over the parking issues. She stated that the adjacent streets are narrow for off street parking. Park Avenue is a busy street and accidents and increased traffic are also a concern. Mrs. Jo. Blair, 12 Plain Street, Madison commented on pedestrians that have been hit in the area and her concerns for the restaurant not having adequate parking. Mr. Tombalakian asked if there were any other comments from the public. Seeing none he closed that portion of the hearing. Mr. Shepis began his closing testimony stating that the benefits outweigh the detriments for the C1 and C2 variances. The site is functional and the aesthetic improvements to the site will revitalize the neighborhood. Deliberation of the Board began; motion to approve this application with the conditions discussed this evening was made by Mr. Tombalakian, seconded by Mr. Flemming. A roll call was requested and recorded as follows: “Ayes” - Ms. Baillie, Mr. Forte, Mr. Flemming, Mr. Johnson, Mr. Kopas, Mrs. Mullins, Mr. Gertler, and Mr. Tombalakian “Nays” – Excused – Mayor Conley OLD BUSINESS - There was no old business before the Board this evening. PLANNING DISCUSION – 2012 Zoning Board of Adjustment Annual Report. The Board concurred that Ms. Baillie, Council Liaison, will refer Gary Hall’s 2012 Zoning Board of Adjustment annual report back to Mayor and Council to consider the recommended changes to the zoning ordinance. Since there was no further business to come before the Board, Mr. Johnson made a motion to adjourn the regular meeting 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 5