Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING MARCH 17, 2015 A regular meeting of the Planning Board of the Borough of Madison was held on the 17th day of March 2015 at 7:30 P.M., in the Court Room, 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 6, 2015, the Board by Resolution adopted a schedule of meetings. On January 7, 2015, 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: Steve Tombalakian, Michael Kopas, Tom Johnson, Jeff Gertler, and Mayor Robert Conley Excused: Astri Baillie, Peter Flemming, Judy Mullins and John Forte Absent: None Also Present: Susan Blickstein, Board Planner Vince Loughlin, Planning Board Attorney Frank Russo, Board Engineer Frances Boardman, Board Secretary Approval of Minutes: Copies of the January 20, 2015 regular meeting minutes were distributed to all Board members for their review prior to this meeting. A motion to approve the minutes was made by Mr. Gertler, seconded by Mr. Tombalakian. A voice vote of “aye” was heard by all eligible voting members and recorded. 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. RESOLUTIONS FOR MEMORIALIZATION – None NEW BUSINESS – CASE NO. P 14-003 Amended Site Plan with Variances B.I.G. Management, LLC Block: 1502, Lot: 10 6 Main Street At the request of the applicant’s attorney Ms. Rosemary Stone-Dougherty, this case was carried to the April 21, 2015 meeting of the Planning Board without further notice. Planning Board 1 March 17, 2015 CASE NO P. 15-007 Concept Review 9-19 Greenwood Avenue Madison, LLC 122 Main Street Madison, LLC Block: 1803, Lots: 11, 12, 13 & 14 9-19 Greenwood Avenue & 122 Main Street Mr. Samual DeAngelis, Esq., Mr. Rocco Iossa, Jr. and Mr. Peter Korzen were present this evening to discuss with the Board a Concept Review plan that would affect 9-19 Greenwood Avenue and 122 Main Street. The applicant 9-19 Greenwood Avenue Madison, LLC, proposes demolition of the current structures on the properties and the construction of a mixed-use building with 7,465 square feet of ground floor retail space and twenty residential units above. The application will require Preliminary and Final Site Plan approval, subdivision approval (merging of three existing lots into one), variance relief, and a number of design waivers/exceptions. 122 Main Street Madison, LLC proposes modifications to its parking lot resulting in the loss of ten existing parking spaces allocated to the use on this parcel, along with conversion of a planted area to a new aisle of parking to service the mixed use project proposed for 9-19 Greenwood Avenue. The site plan layout of the proposed new building, prepared by Korzen Engineering, dated January 7, 2015 was discussed. Circulation issues were discussed with the applicant at the Technical Review meeting held on March 3, 2015. A new driveway location was discussed but the applicant must get the approval of the tenant presently occupying 122 Main Street. The applicant stated that the parking lot in the rear of 122 Main Street is underutilized and an easement agreement would need to be granted. The architecture was discussed as presented to the Board members in their packets. This structure will transition the Borough of Madison commercial district to the residential homes along Greenwood Avenue. Mr. Iossa stated that they are making changes to the structure which would include a store front door along Greenwood Avenue, which was suggested at the TCC meeting. Also more green space will be incorporated into the plan. Possibly using smaller windows along the front of Greenwood Avenue in the apartments would be beneficial to the look of the building. Mr. Iossa stated that the mixed use building would have only one tenant for the retail space and the apartments above would be rental units. At this time the Board felt that changes should be made to the concept plan and resubmitted for the Boards consideration. The applicant will appear at an upcoming meeting of the Board, the date to be determined. CASE NO. P 15-003 Minor Subdivision John & Lori Westerhold Block: 4201, Lot: 4 29 Crescent Road Mr. Steve Schaffer, Esq. , applicant’s attorney began by giving a summary of the application. John & Lori Westerhold, contract purchasers of the property at 29 Crescent Road propose a two- lot subdivision on a 1.70 acre property in the R-1. The current two and half story home, detached garage and circular driveway will be demolished on the property to create the two single-family lots. 2 Planning Board March 17, 2015 Mr. Schaffer stated that there are no easements or restrictions on this property and no variances are needed. Mr. Anthony Gallerano, Harbor Consultants, 320 North Avenue E, Cranford, NJ was sworn in. Mr. Gallerano will be presenting testimony as both Engineer and Planner. Mr. Gallerano gave the Board his qualifications and was accepted as an expert witness. The following exhibits, prepared by Harbor Consultants, were marked into evidence: A-1: Survey of existing conditions and demolition plan, last revised date of February 6, 2015. A-2: Color Version of Minor Subdivision Plan, dated January 14, 2015 A-3: Grading and Utility Plan, last revised date of February 6, 2015. A-4: Prevailing Setback & Existing Conditions Plan, dated February 6, 2015 Mr. Gallerano, began his testimony stating the current conditions of the property, which include a 2 ½ story structure, a detached garage and a circular driveway on a parcel that contains 1.7 acres of land. He stated that there are five trees on the property that are slated for removal. Exhibit A-2 was shown in color as a fully conforming two lot subdivision.. The homes will be custom built. Each lot will house a 2 ½ story single family home with a paved driveway and a brick patio. Mr. Gallerano explained to the Board that the graphic on the exhibit was for illustration purposes only. Six new trees will be planted. The site topography will remain the same. There will be no steep slope disturbance in the rear of the proposed subdivision, only an area in the front of the property. The applicant is amenable to the storm-water management requirement as stipulated in Mr. Russo’s memorandum dated, February 3, 2015. However; Mr. Russo’s memorandum suggested that a conservation easement encompass the steep slope areas. Mr. Schaffer stated that a conservation easement is not called for in this application. The front yard set- back of the proposed homes was discussed at great length. Exhibit A-4 was used as a visual tool to address the front yard set-backs. Mr. John Westerhold, 82 Samson Avenue, Madison, who is the contract purchaser for this property was sworn in. Mr. Westerhold stated that no final architecture has been designed yet for either of the proposed homes. He realizes that Crescent Road is a historic road and will honor the history of such in the designs. The applicant has proposed a 57 foot front yard set -back for lot 4.01, and a 62 feet front yard setback for proposed lot 4.02. The Board felt that appropriate front yard setbacks for proposed lot 4.01 should be 60 feet, while lot 4.02 would be 65 feet. Shade Tree Management’s memorandum was discussed, specifically the 5’-0’ beech tree slated for removal that all measures should be considered to keep this tree. Mr. Tombalakian asked if the Board or its professionals if they had any further questions for Mr. Gallerano, seeing none he closed that portion of the hearing. The floor was then opened to the public. Mrs. Janet Foster, 27 Maple Avenue, Madison, also a member of the Historic Preservation Commission was sworn in. Mrs. Foster is appalled by the loss of this house. Mrs. Foster cited the letter, dated February 25, 2015, from the Historic Preservation Commission stating that the Commission objects to the demolition of a historic house of quality design, materials and construction. The Commission requests photographs of the interior and exterior of the home. Mr. Tombalakian stated that the applicant is not responsible for such a task. Mr. Westerhold stated that the Historic Commission is welcome to come and document the house. 3 Planning Board March 17, 2015 Mrs. Johanna Habib, 18 Crescent Road, Madison asked if the garage could be placed under the house in the rear of the home. The reply was no. Mr. Tombalakian asked if there were any further questions from the public, seeing none he closed that portion of the hearing. The floor was then open for public comments. Kay Crnkovich, 15 Crescent Road, Madison. Mrs. Crnkovich stated that only one side of the street was looked at in this application. The street has been listed in the Inventory of Historic Sites. Peter Crnkovich, 15 Crescent Road, Madison reiterated to the Board the consideration of the front yard setback. Gretchen Sinha, 19 Crescent Road, Madison felt that the testimony given this evening was very conflicting. Johanna Habib, 18 Crescent Road, Madison stated that the home has only had two owners and what is being proposed will change the neighborhood. The applicant has made no guarantees that the historic feel of the neighborhood will be protected. Brian Habib, 18 Crescent Road, Madison expressed his dissatisfaction. He expressed that the home is in fine condition for adequate repair. He found the applicants comments to be disingenuous. Lee Bolt, 22 Crescent Road, Madison asks that the Board preserve the nature of the street. Tom Selquist, 22 Crescent Road, Madison asks that the Board protect the fabric of the street and preserve the character of Crescent Road. Matt Fassnacht, 52 Crescent Road, Madison. Mr. Fassnacht feels that restoration of the home is very important as opposed to demolition. The character of the neighborhood should be taken into consideration. Peggy Ciriello, 5 Academy Road, Madison is extremely sad to see the home being demolished. There were no further comments by the public. That portion of the hearing was closed. Mr. Schaffer gave his closing remarks to the Board. Mr. Schaffer stated that the main lot on the proposed subdivision will become the applicant’s home. This subdivision is fully conforming and complies with the Borough of Madison Zoning Ordinance. Mr. Schaffer understands the meaning of old grand vs. a new proposed grand home. The homes will be developed to fit into the character of the neighborhood. The Board began its deliberation and commented that the Board approaches each application in a collaborative way in order to achieve the best outcome for the Borough and the applicant. Crescent Road is a special street however; this is not a special development. Mr. Westerhold was asked to be mindful of his future neighbors and to try to fit into the neighborhood especially since he had heard the heartfelt comments by those that live on the street. Mr. Loughlin instructed the Board that a conforming application restricts them from voting against the application before them this evening. Principles of good planning and design should be set forth with this application. 4 Planning Board March 17, 2015 A motion was made for a vote by the Board with the condition of 65 feet as a front yard setback be stipulated in the resolution. The applicant quickly refused this condition in the resolution. The meeting was reopened and deliberations continued. A motion was made that the front yard setbacks be a minimum of 62 feet on proposed lot 4.01. After conferring with his client, this condition was agreed upon. Mr. Loughlin went over all the conditions that were discussed this evening that will be sited in the resolution. Motion to approve this application with the conditions as stated during testimony was made by Mr. Gertler, seconded by Mr. Kopas. A roll call was requested and recorded as follows: “Ayes” –Mayor Conley, Mr. Gertler, Mr. Johnson, Mr. Kopas, and Mr. Tombalakian “Nays” – None “Absent” – Ms. Baillie, Mr. Flemming, Mrs. Mullins and Mr. Forte. A five minute break was taken from 8:45pm to 8:50pm, the meeting reconvened with all Board members present. CASE NO. P 15-002 Minor Subdivision with Variances Parisi Builders & Developers, LLC Block: 2401, Lot: 12 180 Kings Road Ms. Carlotta Budd, applicant’s Attorney began by giving a brief summary. Parisi Builders & Developers, LLC is the contract purchaser of the property at 180 Kings Road, Madison. The property is located at the corner of Kings Road and Bruns Street and covers approximately .50 acres. The existing residence will be demolished to create two single family lots. A variance for lot width for the proposed corner lot is requested. Ms. Budd had only one witness for this evening, Ms. Catherine Mueller, Paige Engineering, Warren, New Jersey was sworn in. She had testified before this Board previously and was accepted as an expert witness. The following Exhibit was marked: A-1: Overview Map & Subdivision Map, Sheets 1 & 2, lasted revised February 10, 2015, prepared by Paige Engineering. Ms. Mueller began her testimony showing the overview map and the existing conditions of the home. It was brought to the Boards attention that there is a shed and driveway encroachment on the property from Lot 13 next door. The subdivision will not be perfected until such time as the encroachments are removed from the property. Each home will face Kings Road and have a Kings Road address. Sheet 2 of 2 showed the detailed conceptual lot development plan. The improvements to the property will include a drywell design on each lot as well as decrease the impervious coverage that exists on the site at present. Each lot will contain a single-family 2 ½ story home. Vegetation on site in the rear of the property will be preserved as well as the street trees along Kings Road. The vegetative hedge along Bruns Street will also remain. The repositioning of the driveway for proposed lot 12.01was discussed and the Board suggested that the applicant look at placing the driveway off Bruns Street instead of off Kings Road as proposed. 5 Planning Board March 17, 2015 Omland Engineering memorandum dated, February 16, 2015, was discussed along with the memorandum prepared from Dr. Blickstein on February 19, 2015. There was no objection from the applicant agreeing to the contents of the memorandums. Which includes an Operation and Maintenance Manual for the storm-water management, provide a deed dedication for the proposed Kings Road Right of Way, and establish bonding for the site. The prevailing set backs were discussed. Mr. Tombalakian opened the floor to the public at this time for questions of Ms. Mueller. Ms. Patricia Caccavale, 191 Kings Road, inquired what the square footage of each home was going to be. Mr. Wayne Parisi, Principle of Parisi Builders, 63 Bristle Court, Berkeley Heights, NJ, was sworn in at this time to answer Ms. Caccavale. Mr. Parisi stated that the homes will be 2,716 square feet and 2, 636 square feet. Exhibit A-2: Proposed Interior Lot Home Exhibit A-3: Proposed Corner Lot Home Mr. Parisi produced to the Board a color copy of each of the proposed looks of the homes that are being considered for construction. Seeing no further questions of Mr. Parisi or Ms. Mueller, Mr. Tombalakian closed that portion of the hearing. At this time Mr. Tombalakian opened the floor to any comments by the public. Ms. Myrtle Henriquez, 179 Kings Road, had a concern with the driveway of the corner lot being placed on Kings Road. She stated that the traffic on Kings Road has gotten extremely worse and she fears for the safety of pedestrians on the street. Mr. Parisi stated that he will seriously take into consideration placing the driveway for the corner lot on Bruns Street. Seeing no further members of the public with comments the public portion of the meeting was closed. Ms. Budd gave her closing statement. The Board began their deliberation; Mr. Loughlin addressed the conditions that will be included in the resolution. Motion to approve this application with the conditions as stated during testimony was made by Mayor Conley, seconded by Mr. Tombalakian. A roll call was requested and recorded as follows: “Ayes” –Mayor Conley, Mr. Gertler, Mr. Johnson, Mr. Kopas, and Mr. Tombalakian “Nays” – None “Absent” – Ms. Baillie, Mr. Flemming, Mrs. Mullins and Mr. Forte. OLD BUSINESS – None CORRESPONDENCE – None 6 Planning Board March 17, 2015 Since there was no further business to come before the Board, Mr. Tombalakian asked for a motion to adjourn. Mayor Conley made a motion to adjourn the regular meeting at 10:38 P.M; seconded by Mr. Johnson. A voice vote of “aye” was heard by all members present and carried. Respectfully submitted, Frances Boardman Board Secretary 7