Planning Board

MINUTES PLANNING BOARD OF THE BOROUGH OF MADISON REGULAR MEETING OCTOBER 20, 2015 A regular meeting of the Planning Board of the Borough of Madison was held on the 20th day of October 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 who arrived at 7:35pm, Mayor Robert Conley, Michael Kopas, Tom Lewis and John Forte Excused: Astri Baillie and Peter Flemming 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 October 6, 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. Forte, seconded by Mr. Kopas. 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 – CASE NO. P 15-010 Minor Two Lot Subdivision with Variances US REO Fund I, LLC Block: 211, Lot: 2 161 Madison Avenue 1 Planning Board October 20, 2015 Resolution granting the Minor Two Lot Subdivision with Variances to US REO Fund I, LLC for the Minor Two Lot Subdivision with Variances on property located at 161 Madison Avenue, Madison commonly known on the Borough of Madison Tax Map as Block 211, Lot 2 The draft resolution was sent to the applicant’s Attorney, Mr. Nino Coviello, Esq. as well as the Planning Board members and its Professionals for review prior to this evening’s meeting. Mr. Tombalakian asked the Board and its Professionals if they had any further comments or questions concerning the resolution. Mr. Loughlin stated that one correction on page six had been noted by Mr. Coviello and Mr. Russo. The word sewer should read soil. This correction was made and a copy of the corrected resolution was given to the secretary, Ms. Boardman. Motion to approve the resolution as corrected, was made by Mr. Kopas, seconded by Mr. Forte; the following roll call was recorded: “Ayes” - Mr. Forte, Mr. Johnson, Mr. Kopas and Mr. Tombalakian “Nays” – None “Abstain” – Mayor Conley and Mr. Lewis “Excused” – Ms. Baillie and Mr. Flemming NEW BUSINESS – None OLD BUSINESS – CASE NO. P 15-004 Minor Three Lot Subdivision with Variances Alan Andreas Block: 602, Lots: 12 & 27 173 Ridgedale Avenue Mr. Nino Coviello, Esq. began by giving a brief summation of the previous proceedings testimony that was given on Tuesday, September 15, 2015. He stated that the applicant had listened to the suggestions of the Board and moved the proposed house on lot 27.03 back out of the wetland buffer. The witnesses here this evening to testify include Alan Andreas, Applicant and Cristian Kastrud, Engineer. Revised plans were submitted to the Board and its Professionals prior to this evening’s meeting. Mr. Alan Andreas, the applicant, still remains under oath. The following exhibit was marked: Exhibit A-4: Site Plan drawings of Lot 27.3, 4 Sheets prepared by ASA Architectural Design, dated October 1, 2015. Mr. Andreas stated that he had redesigned the original home planned for Lot 27.03 and pushed it out of the buffer zone as recommended at the last meeting by the Board. The new home proposed on that lot will be 3,493 square feet and consist of four bedrooms and an attached two car garage. Floor layout and elevations for the proposed home were discussed. Mr. Andreas stated that similar building materials will be used on all homes that are proposed. Mr. Tombalakian asked the Board and its professionals if they had any questions for Mr. Andreas. Seeing none he closed that portion of the hearing. He then opened the floor to the public for questions of Mr. Andreas. 2 Planning Board October 20, 2015 Mr. John Holm, 7 Hoyt Street, Madison asked Mr. Andreas if any new variances had been created with this proposed home on Lot 27.3. Mr. Andreas stated that there were not any new variances created with this revised plan. Seeing no other members of the public with questions for Mr. Andreas, Mr. Tombalakian closed that portion of the hearing. Mr. Christian Kastrud, Kastrud Engineering, LLC was the next to testify. Mr. Kastrud remains under oath. Mr. Kastrud stated that sheets 3 and 4 of the minor subdivision plan had been revised with a revision date of October 15, 2015. He stated that the home proposed for Lot 27.03 had been repositioned on the property, moving it back and taking it out of the wetlands buffer. The positioning of the new home will utilize the existing pond as an amenity and the existing grass are will be able to be maintained. The fence that was previously proposed has been eliminated on this revision. Mr. Kastrud explained that no deed restrictions will be executed by the DEP. Mr. Russo asked if the applicant had received anything in writing from the DEP. Mr. Kastrud stated that this was not necessary since the proposed new home would be out of the buffer area. Dr. Blickstein inquired how during construction the wetland area would not be disturbed. Mr. Kastrud indicated that the wetland buffer area would be delineated during the construction of this new home and that the proposed development would be outside of the buffer area. Mr. Johnson asked Mr. Kastrud if the applicant would be building the homes as shown on the site plan. Both Mr. Kastrud and Mr. Andreas stated that they would be building the homes as indicated on the plans. The discussion of Conservation Easement vs Deed Restriction ensued. It was determined that the pond located on proposed Lot 27.03 is under the jurisdiction of the DEP and that the only thing that is changing is the permitting process with moving the proposed home to the rear of the property. An LOI was received by the applicant from the DEP and Mr. Coviello feels that a Conservation Easement filed with the DEP is unnecessary. The lawn and pond will be maintained by the homeowner. It was determined that Conservation Easement language would be scribed by Mr. Coviello, Mr. Loughlin and the Board’s Professionals. Mr. Tombalakian asked the Board and its Professionals if they had any further questions for Mr. Kastrud. Dr. Blickstein asked if the driveway proposed on Lot 27.03 provided an area for turnaround so that a car was not backing out onto Ridgedale Avenue. Mr. Kastrud stated that there was ample space to turn around in the driveway. Mr. Russo asked if Mr. Kastrud had an opportunity to review his memorandum of October 12, 2015. Mr. Kastrud answered yes and that all items listed in the memorandum are agreeable with including a Public Utility Easement. Dr. Blickstein asked that a condition be placed in the resolution, if this application receives approval, that Sheet 2 be updated with respect to trees that will be removed for the proposed driveways. Seeing no further questions from the Board, Mr. Tombalakian opened the floor to the public for questions of Mr. Kastrud. Mr. Bruce Esrig, 28 Bedford Court, Madison asked about the water flow across the properties toward the pond. Mr. Kastrud stated that soil testing had been done on all proposed lots and that the contours lines on Lot 27.03 would allow water flow to the pond while the other Lots water would flow toward Ridgedale Avenue. 3 Planning Board October 20, 2015 Mr. Chris Kellogg, 3 Walnut Street, Madison questioned Mr. Kastrud on the DEP rules changing so quickly on this proposed lot. He also questioned if having a shared driveway for Lots 27.01 and 27.02 would decrease the impervious coverage. Mr. Kastrud stated that individual driveways are ideal on any property. Mr. Kellogg asked if the placement of the proposed home on Lot 27.03 would block surface and subsurface water flow. Mr. Kastrud once again stated that he did not feel that this proposal would inhibit the flow of surface of subsurface water to the pond. Mr. Kellogg asked why there was no hydrologist report or testimony provided for this application. Mr. Kastrud stated that a wetland delineation report had been prepared by Jeff Tareila Environmental Consultants and testimony had been provided Mr. Kuc at the September 1, 2015 Planning Board meeting. Mr. Tombalakian asked if there were any other member of the public that wished to ask Mr. Kastrud any questions, seeing none he closed that portion of the hearing. At this time, Mr. Tombalakian opened the floor to the public for comments. Mr. Lance Hunter, 179 Ridgedale Avenue, Madison rebutted a statement made at the last meeting by Mr. Liggitt, property owner with regard to drains being placed in the basement. Mr. Hunter introduced Mr. Andy O’Keefe. Mr. Andy O’Keefe, 95 Treadwell Avenue, Madison was sworn in. Mr. O’Keefe had previously been the homeowner of 173 Ridgedale Avenue. He stated that sometime between the years of 1987 and 1994 French Drains had been installed in the basement of the home due to a water issue. After the French Drains were installed the concrete basement was poured. Mr. Richard Burrow, 9 Hoyt Street, Madison thanked the applicant for working with the neighbors on this project. Ms. Sandy Kolakowski, 136 Park Avenue, Madison asked if a deed restriction would inhibit the builder from building anything other than what was proposed this evening. Ms. Helen Kaar, 3 Walnut Street, Madison stated that the Board had convened three times on this application and that is was apparent that this project was more than just taking down a home and putting up three new houses. Mr. John Holm, 7 Hoyt Street, Madison read a letter that he had prepared to the Board. Mrs. Jane Reynolds, 119 Greenwood Avenue, Madison stated that she has a feeling of unease over the changes that are taking over the charm of Madison. Marion Kentner, 11 Hoyt Street, Madison states that a once peaceful and quite neighborhood would now be impacted. The eagles and cranes along with the other wildlife that lives and feeds off of the pond would be affected. Mr. Charles Courtney, 26 Morris Place, Madison expressed his concern and whether or not this home could somehow be preserved. Mr. Andy O’Keefe, 95 Treadwell, Madison acknowledged that this home with the pond is a part of Madison’s culture. He had lived there and raised six children in the house. He suggested that the Board think of what is best for Madison prior to making their decision. 4 Planning Board October 20, 2015 Mr. Chris Kellogg, 3 Walnut Street, Madison implied that the developer had used little imagination with the proposed development of this property. Mr. Kellogg asked that open communication with the Planning and Zoning Boards, residents and developers be considered. He feels that these discussions would result in town growth and not the destruction of its history and charm. Mr. Kellogg stated that the town is becoming homogenized. He inquired how this proposed plan will work and still allow the pond to receive the water it needs. Mr. Tombalakian asked the public if there were any further comments, seeing none he closed the public portion of the hearing and the Board began its deliberation. Several comments made by Board members included maintaining the home on the site and building only two new homes. However; Mr. Tombalakian, reminded the board that they were only voting on what was being presented in this application, which was a three lot subdivision with one variance. Deliberation continued. Mr. Tombalakian reopened the hearing at 9:27 pm, seconded by Mr. Gertler with a voice vote of “aye” heard by all members. Mr. Tombalakian asked Mr. Andreas if he would be interested in preserving the current home on the site. Mr. Andreas stated that he would donate the home to the Borough and they could find a site to put it but he was not going to renovate the home in its present condition. Mr. Andreas stated that the application remains a three lot subdivision with three new homes to be built. Mr. Loughlin, Board Attorney expressed to the Board that this was a legal and binding board and that personal beliefs did not come into fruition in this application. Mr. Tombalakian again closed the hearing and asked for a motion to approve the application with the conditions discussed during the hearing. Mr. Loughlin listed the conditions that would be included in the resolution. A motion to approve this application was made by Mr. Tombalakian, seconded by Mr. Johnson. A roll call was requested and recorded as follows: “Ayes” –Mr. Johnson, Mr. Kopas, Mr. Lewis and Mr. Tombalakian “Nays” – Mayor Conley, Mr. Forte, Mr. Gertler, “Excused” – Ms. Baillie “Recused” – Mr. Flemming 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 9:45 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