Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING SEPTEMBER 1, 2015 A regular meeting of the Planning Board of the Borough of Madison was held on the 1st day of September 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, Tom Johnson, Jeff Gertler at 7:45pm, Tom Lewis, Astri Baillie, Peter Flemming, Mayor Robert Conley, Michael Kopas, and John Forte Excused: None Absent: None 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 August 4, 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. Flemming, seconded by Mr. Johnson. 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 1 Planning Board September 1, 2015 NEW BUSINESS – CASE NO. P 15-010 Minor Two Lot Subdivision with Variances US REO Fund I, LLC Block: 211, Lot: 2 161 Madison Avenue At the request of Mr. Nino Coviello, Esq., applicant’s attorney, this application has been carried to the October 6, 2015 Planning Board meeting with no further notice necessary. CASE NO. P 15-004 Minor Three Lot Subdivision with Variances Alan Andreas Block: 602, Lots: 12 & 27 173 Ridgedale Avenue Prior to the start of the hearing Mr. Peter Flemming recused himself from the application proceedings and stepped down from his seat at the dais. Mr. Nino Coviello began by giving a brief summary of the application. Those ready to testify with regards to this application include Alan Andreas, Applicant and Architect, Michael Tobia, Planner, Cristian Kastrud, Engineer and Edward Kuc, Environmental Specialist. Mr. Alan Andreas, 23 Green Village Road, Madison was sworn in to begin his testimony. Mr. Andreas has been before the Board previously and was accepted as an expert witness. Mr. Andreas is the contract purchaser of the property located at 173 Ridgedale Avenue. The property encompasses approximately 1.70 acres in the R-3 (Single Family Residential) Zone with an existing residence and substantial vegetation, as well as a pond. The existing home and detached garage on the property would be demolished to create three single-family lots. A variance is required for the proposed side yard setback for the lot closest to the pond/wetland area. The following exhibits were marked into evidence: Exhibit A-1: Color rendering of proposed homes/Revised Architectural Plans dated 6/29/2015 – consisting of 12 sheets. Exhibit A-2: Site Plans prepared by Christian Kastrud, Engineer, last revised July 2, 2015 This application was presented to the Historic Preservation Commission on April 7, 2015. Two letters received from Co-Chairs John Solu and Janet Foster were received by the attorney of record and marked into evidence as follows: Exhibit B-1: HPC letter dated February 25, 2015 Exhibit B-2: HPC letter dated June 10, 2015 These letters contained suggestions from the HPC and the requests were implemented on the plans presented this evening which include increasing the depth of the porch from 5’ to 8’, trim work, chimneys clad in stone and a vertical orientation to windows and dormers. Exhibit B-3: Email from John Solu to Jason Rubin, Esq. 2 Planning Board September 1, 2015 In this email; Mr. John Solu, Co-Chair of the HPC stated that the commission would like to have a HABS documentation of the structure and details of the materials to be used on the structures. Dr. Blickstein asked about the position of the home by the pond, Mr. Andreas stated that the home’s positioning was placed with consideration of the rear neighbors. Mr. Forte asked Mr. Andreas for details on the porches of each home. Mr. Andreas gave a full description of the facades and porches of each home proposed. Mr. Andreas stated that the houses submitted for this hearing are the houses that will be built. Mr. Tombalakian asked the Board if they had any further questions of Mr. Andreas, seeing none he opened the floor to the public for questions. Mrs. Helen Kaar, 3 Walnut Street, Madison asked Mr. Andreas if he was the contractor of the homes recently built on Bardon Street and Greenwood Avenue and if those homes represented the quality of his work. Mr. Andreas answered yes to both questions. Mr. Chris Kellogg, 3 Walnut Street, Madison asked why the home was not being preserved. Mr. Andreas stated that a tremendous amount of work was needed on the home. Mrs. Marion Kentner, 11 Hoyt Street, Madison asked what the Historic Preservation Commissions were and if they had been complied with. Mr. Andreas stated that all recommendations by the HPC were complied with. Mr. Coviello stated that the home in question is not on any National Historic Registry. Mrs. Kentner asked when the home was built. It was stated that the home was built in 1860. Mrs. Susan Zeigler, 181 Ridgedale Avenue, Madison asked why the property was not divided into two single family lots. Mr. Andreas stated that there would be more zoning issues and variances on the properties. Several other residents had questions that would be better answered by one of the other experts. Mr. Tombalakian closed that portion of the hearing. Mr. Cristian Kastrud, Kastrud Engineering, 1952 Route 22 East, Suite 104, Bound Brook, NJ 08805 was sworn in. Mr. Kastrud has previously testified before the Planning Board and was accepted as an expert witness. The following exhibit was marked: Exhibit A -3: Arial View of Subject Property/Proposed Lots Mr. Kastrud testified that there would be no change in the drainage pattern on the site. That both proposed lot 27.01 and 27.02 are fully conforming and that a side yard setback is needed for proposed lot 27.03 because of environmental constraints. All spacing between the homes is consistent. There is a small retaining wall in the front yard on proposed lot 27.03. Mr. Russo asked if there is anything in the Bowman Consulting memorandum, dated July 30, 2015 that the applicant would objective to. Mr. Kastrud stated that they would comply with all items in the memorandum. Shade Tree Committee comments were received on February 23, 2015, a landscape plan was provided as a part of this application. A total of 19 trees will be removed from the subject property and 9 new trees will be planted. A split rail fence will be placed on proposed lot 27.03, which will delineate the NJDEP Approved Wetlands Transition Area Buffering Average. 3 Planning Board September 1, 2015 Mr. Tombalakian asked the Board if they had any further questions of Mr. Kastrud, seeing none he opened the floor to the public for questions. Mr. David Steinman, 15 Hoyt Street, Madison asked about the runoff behind the homes into the pond. Mr. Kastrud stated that the runoff will not be compromised and that a conservation easement will be filed. Mr. Lance Hunter, 179 Ridgedale Avenue, Madison was sworn in and provided testimony on the pond. Mr. Hunter stated that water flow comes from his property along with the property of his neighbors. He explained that the flow is substantial and will certainly be interrupted with the building of these new homes. Seeing no further questions from the public that portion of the meeting was closed. Mr. Edward Kuc, Eastern States Environmental Associates, 315 Mt. View Drive, Kunkletown, Pa. Mr. Kuc gave his qualifications and was accepted as a conditional witness. Mr. Russo had reservations about Mr. Kuc’s testimony since the wetland delineation report was prepared by Jeff Tareila Environmental Consultants. Mr. Coviello stated that Mr. Kuc had spoken with Jeff Tareila with respect to the report that was prepared. Mr. Kuc stated that he had read the report and had visited the site and had examined the wetlands and transitional area, and would offer his professional opinion on the existing conditions. Mr. Coviello affirmed that the DEP had received the Freshwater Wetlands Letter of Interpretation – Line Verification, and had issued a permit on February 25, 2015. Discussion continued on whether this expert should testify. It was finally determined that Mr. Kuc could give his expert opinion. Mr. Kuc has visited the site and concurs with the wetlands delineation and the Letter of Interpretation issued by the DEP on February 25, 2015. A Conservation Easement will be issued for proposed lot 27.03. The fence shown on the site plan indicates the wetlands boundary line which will serve to prevent encroachment into the transition area. There is a 50’ wetland buffer zone and impacts the adjacent neighbors. The transition area is subject to a Conservation Easement and will not be maintained as a lawn or landscaped area. This area shall be allowed to revert to a natural habitat. There should be deed restriction language allowing for maintenance of the pond. Mr. Kuc stated that enhancing a habitat is not a regulated activity. It was determined that the Metes and Bounds should be included in the description to allow for the maintenance of the Municipal drainage from Hoyt Street to Ridgedale Avenue. Mr. Tombalakian asked the Board if they had any further questions of Mr. Kuc. Seeing none he opened the floor to the public. Mr. David Steinman, 15 Hoyt Street, Madison, asked if the lack of maintenance on the pond creates a nuisance. Mr. Kuc stated that maintenance should be defined in the conservation easement. Mr. Forte, Board Member, asked if leaving the pond would be a detriment to the neighborhood, and if two lots would not benefit the neighborhood instead. 4 Planning Board September 1, 2015 Mr. Doug Sladen, 9 Hoyt Street, Madison inquires about a storm water maintenance plan. Mr. Kuc stated that the pond is not part of the storm water maintenance plan submitted for this subdivision. Ms. Sandy Kolakowski, 136 Park Avenue, Madison asked Mr. Kuc if the testimony this evening stated that the pond was no longer able to be a landscaped pond. Mr. Kuc replied that was correct. Mr. Chris Kellogg, 3 Walnut Street, Madison, asked if two versus three houses to be built would not allow for better maintenance of the pond. It was stated that this would not allow for improved maintenance of the pond. Mr. Kuc stated that the soils on this site are poor and drywells are being proposed on each lot. It was suggested that perhaps a hydrologist be brought in to do an evaluation. Marion Kentner, 11 Hoyt Street, Madison, raised the question of West Niles Virus with the stagnate water that may pool in the pond if it is not maintained. Mr. Kuc stated that a maintenance clause should be included in the conservation easement with respect to maintenance.. Due to the late hour Mr. Tombalakian carried this application to the next Planning Board meeting to be held on Tuesday, September 15, 2015 without further notice. At that meeting, Mr. Michael Tobia, applicant’s planner will be testifying; along with the return of Mr. Kastrud, Engineer and Mr. Alan Andreas, applicant and architect if necessary for questioning/testimony. OLD BUSINESS – None PLANNING DISCUSSION –None CORRESPONDENCE – None Since there was no further business to come before the Board, Mr. Tombalakian made a motion to adjourn the regular meeting at 11:30 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 5